Loading...
HomeMy WebLinkAbout04/07/00 BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM April 7, 2000 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TANDY, CITY MANAGER /~7"'D.,-/,/-'~. SUBJECT: GENERAL INFORMATION 1. The Fire Joint Powers Agreement between the City and County calls for the next City fire station to be at White Lane and Buena Vista temporarily, then to move west. Chief Fraze would like to move it north to the Ming/Buena Vista area, a step that would require County Board of Supervisors and City Council approval of a JPA amendment. There are also land availability issues that are under discussion. The land availability also relates to Chief Matlock's desire to have enough land for a joint Police/Fire facility in the future. More will be forthcoming as a result of discussions between the chiefs and land owners in the Ming and Buena Vista area. Councilmember Couch has also asked for staff information on how to fund the Police facility and area adjacent park, if one were included. (The Fire Station has had funding set aside for several years.) More will unfold on all this over time. 2. A letter and petition from local citizens in support of an ice skating facility is enclosed. The information was transmitted to staff and presented to the Community Service Committee members at the public meeting held on Tuesday, April 4th. Thanks are due to Bolthouse Farms for their generous offer of $250,000 on a community match basis to bring a rink towards reality. The Bakersfield Condors also made a generous offer, mostly on the operating, rather than the construction, end. 3. We received the enclosed notification from the Kern County Waste Management Director that the report to the Board of Supervisors on Universal Collection will now be on the Board agenda for May 23rd, instead of in April, as originally reported at the joint City/County meeting. 4. Staff sent the attached letter to our local assemblymen requesting their assistance in obtaining State funding for two projects for City / CSUB improvements: 1) the extension of Kroll Way over the Arvin-Edison Canal adjacent to the CSUB campus; 2) the installation of a traffic signal at the south entrance to the CSUB campus on Camino Media. Honorable Mayor and City Council April 7, 2000 Page 2 3. The cover letter to the proposed budget document for FY 2000-2001 that was sent to members of the Bakersfield Redevelopment Agency, as well as a memo discussing budget highlights, is enclosed for your information. That budget comes to you for review and action after Agency action. 4. In compliance with state law requirements, letters were sent this week to property owners within the potentially impacted area to request statements of interest regarding possible commercial development opportunities along the California Avenue commercial corridor between L and T Streets. The letter is attached. We used both the boundaries requested by Dave Cross, as well as "City Center". This is an important step in the process which, in theory, will result in the issuance of one or more exclusive rights to negotiate a development agreement. In other words, it is a period of time when they have an opportunity to finalize all terms, secure tenant commitments, etc. That starts at the Agency and advances to City Council. 5. An update on the MAOF Child Care Center project on East California Avenue is enclosed. 6. A status report is enclosed regarding the draft Consolidated Plan 2005. Staff is considering ideas on how to encourage greater resident attendance at public meetings concerning the Consolidated Plan. 7. Responses to Council requests are enclosed, as follows: Carson · Report on process for determining economic development needs in areas where specific businesses or amenities are lacking; specifically, needs assessment procedures and recruitment of services; · Report on cities that have ordinances/regulations regarding restaurant workers and healthcare issues (response issued by City Attorney under separate cover.) · Update regarding clean up on Union Avenue, specifically the Turner Hotel; also status of ownership of that property and possibility of using funding through grants. DeMond · Report on new style of mailboxes being used in the downtown commercial areas and if they will be used for new/old businesses; also what the zoning requirements are; · Staff to investigate about a possible new state law regarding use of hand held cell phones while driving and warning citations being issued; · Issue of block wall on south side of 24th Street from Elm to Alder Streets and Cal- Trans position on blocking the street; · Trimming of cottonwood trees along Mulberry Drive. Honorable Mayor and City Council April 7, 2000~ Page 3 Maggard · Participation in preparation of joint City/County meetings and plan for closure of items; Couch · Additional information regarding Shellabarger Road closure; · Investigate citizen complaint regarding local banking institution (response issued by City Attorney under separate cover); · Request from Bakersfield Garden Community Enhancement project for Community Development funds; · Work with the railroad companies to repair crossings and suggest a maintenance schedule; · Respond to citizen regarding red light camera program; · Respond to citizen regarding automobile claim (response issued by City Attorney under separate cover); · Certification of investment policy and quarterly financial updates; · Review possibility of joint City/County Planning Commission meetings; · Henderson, Nevada police substation; · Number of employees in Kern County Waste Management Department. Salvaggio · Status of motel project at 2700 White Lane and proposed two four-story towers; · Citizen's request for information on payment of fees related to 503, 505, 507 M Street; · Noise from idling trains at Pacheco Road between New Stine and Wible Road (response issued by City Attorney under separate cover). AT:rs cc: Mayor-Elect Harvey Hall Department Heads Pamela McCarthy, City Clerk Trudy Slater, Administrative Analyst 04/05/00 MON 09:18 FAX 805 588 2550 HYDRIL C0~IPANY ~001 Hydrll Company 32:~7 Patton Way Bakersfield, CA 93308 (805) 588-9332-office (805) 588-2550-fax FAX TRANSMISSION COVER SHEET ' To: Mr. Alan Tandy Company: City .Manager's Office Fax No: 661-852-2050 Phone No: From: Cecelia Anzalone Company: Hydril Company Fax No: (661 } 588-2550 Phone No: (66t) 588-9332 Date: 04-03-00 Pages including this cover sheet: 12 Following regarding City Council meeting April-4. Note: I am continuing to obtain signatures on the petition. 04/03/00 MON 09:19 FAX 805 588 2550 HYDRIL COMPANY ~002 ceceIia A~Za~O~t¢ ~ 9119 Gr~e~a~ Strcet~ Bakersfl¢/~ CA 9:5312 ~t 661-589-6130 March 28,2000 City of Bakersfield City Manager's Office 1501 Truxtun Ave. Bakersfield, CA 93301 Aim: Alan Tandy, City Manager Dear Mr. Tandy: I am submitting this letter as I am unable to attend the City Council meeting regarding the need for an ice skating facility. I am the Treasurer for the Condors Booster Club and have organized the Awards Banquet to be held on the same evening. I grew up training for the Olympics as a figure skater. I was gravely disappointed when my family moved to Bakersfield as there was no ice fink here. I have never gotten over my love of the ice or the disappointment of moving to a town that failed to support my sport of choice. MY loss has affected me to this day. The Civic Center would open for public skate during the summer.. I spent my summers there, but the ice was crowded and it certainly was not the same as having a full-time facility where I could train. I was a member of the Bakersfield Ice Skating Club up until the time Bakersfield decided to take the Civic ice from us. W~hen the Ice Palace opened I was ecstatic. It was too late for me to continue my career, but my son Anthony could certainly begin skating. Well, Anthony has the same love for the sport of ice hockey that I had for figure skating. He quickly excelled at playing. He played for 3 in-house teams and also for the Bakersfield Dragons. I worked as an off-ice official to trade out for his league fees and also worked in the pro-shop to trade out for his equipment. Anthony was so busy with hockey he had absolutely no time to get into trouble. Also, he knew he could not slack offin school or he.would not be able to skate. Anthony became so involved with hockey, he made a decision to give up every other sport he played (which was every sport you could imagine). Anthony spent his summers assisting the Hockey Director with home school classes. As a single parent, this was a very welcome activity. Then came the closure of the Ice Palace. ' Another generation has gone by and the City has not changed since I moved here in 1963. There are more and more bars, but nothing more for children. Although the closure of the Ice Palace was no fault of the city, I've yet to see any evidence (no media coverage, 04/03/00 ~ON 09:19 FAX 805 588 2550 HYDRIL COMPANY ~003 as with baseball) that the City has done anything in the last year regarding the need for an' : ice skating facility. It seems to be ignored hoping we will finally give up and go away. To my tmderstanding, the City supported another skate park even though Va~s was newly opened. Judging fa-om the media, the City seems to try very hard to g~t a new baseball park, even though we already have three facilities for the pros/children. Here are some facts: · · Whenever the Garden hosts a public skate, the arena is packed · Condors attendance has gone up signi/~cantly. The Condors must have home ice on which to practice. Currently, if the Garden has booked another event, the Condors either do not practice or they must leave a few days early to practice at the away rink where they are playing for that week There was great interest in the Jr. Condors program. The only reason they did not get as many kids as they could have was the Condors office gave only two weeks for people to come up with $500. When it was decided that the parents could make payments, it is my understanding that the Condors staff failed to contact those parents and inform them. · We have some really great hockey professionals in town who are willing to donate .their time if we could just get some ice. · I, for one, would still be willing to do what I could to make the ice rink a success. I would continue to work aa an off-ice official or any o~her capacity. · I am still ia contact with the previous owner of the pro shop. I am sure she would be willing to set-up shop again without the high costs and lack of knowledge . (regarding hockey and figure skating) of our local sporting store. · The Ice Palace did not close because they were not making money. Qui~te the opposite. The Ice Palace was making money. The hockey and figure programs were rapidly growing just before the closure. The Ice Palace closed because one of the partners took the profits from the Bakersfield facility to feed his facility in Alisso Veijo, where he had more of a personal interest. · When the Ice Palace was open, the Kern County Hockey Club hosted a tournament/playoff. This brought additional business to nearby hotels and restaurants in Bakersfield. Everybody from the club worked together to make this event a success, besides being fun for the kids and parents. With all the tournaments and playoffs involved with ice hockey, we would be able to host other functions. Figure skaters also have competitions that could be scheduled in Bakersfield. · An ice fi_ak will NOT attract a "bad crowd." I have been "hanging out" in ice finks most of my life and have yet to see an undesirable crowd. 04/03/00 M0N 09:20 FAX 805 588 2550 HYDRIL COMPANY ~]004 The Kern County.Hockey Club had two teams win State Championships last year. The PeeWee team just won the So. Calif. Championships and are headed for State April 14-16. We obviously have some talent in this town. · I am confident that the City, just like every other government entity, wastes money on unnecessary programs/projects (or whatever term is used for justification) and can make some cut backs to assist in making this project more financially feasible. · It is also my understanding that, after having spoken with Mr. Bill Davidson (Condors owner/partner), the Condors have voiced their interest in supporting an ice rink. · There is a company in Los Angeles who sets-up temporary ice rinks (this could be an option until we'come -up with a solution to building our permanent facility). · There are more people than those of us from the Kem County Hockey Club who are interested in ice. I have obtained signatures in the last two (2) days from everyone I have come in contact which indicates their interest also. I understand that baseball (or soccer, or football) fans'would say that hockey is not important; let your child play another sport. But our children do not want to play another sport any more than those who love soccer want to play another sport. The difference is soccer players have a field; baseball and football players have their fields; basketball players have their courts; even those who race cars, bikes and motorcycles have a facility. Ice hockey players have NOTHING! If this city will not support us, I will continue to do what I can and work additional jobs so my son can continue to skate. I will have to drive out of town 3-4 times a week to Valencia, Sylmar or North Hills. I am confident that there is a way we can have ice again. Mr. Tandy, you love ice hockey and I know. you were insmunental in making the Garden a reality. I urge you to take that same drive and dedication to help us. I know we can do it if we just work together. It may take some time, but the effort will be well worth the final rewards that our children will reap. If only you could have seen the priceless smiles on the faces of our boys when they won the championship (the weekend of March 25tu), you would understand how we feel. Sincerely, Hockey Mom and Fan Treasurer, Condom Booster Club Single, Working Mother 04/05/00 M0N 09:20 FAX 805 588 2550 HYDRIL COMPANY ~005 PUBLIC MEETING ON THE NEED FOR AN ICE SKATING FACILITY APRIL 4, 2000 AT 7:00 PM City Council Chamber Bakersfield is in need of an ice Skating Hnk. Last year the Bakersfield Dragons had two teams win the State Championships. May t2 Was named Bakersfield Dragon day as a result. This year our PeeWee B team won the So. Calif. Championship and is headed to the State Championship April 14 - 16. Bakersfield has a group of figure skaters that would like to see a rink again in Bakersfield. Before the closure of the Ice Palace, the youth and adult hockey program was growing considerably. The Condors need home ice on which to practice. If you would like to support our efforts to get an ice.rink again In Bakersfield, please sign this petition. If you are able, we would also appreciate your attendance at the City Council meeting on April 4. I 04/05/00 MON 09:21 FAX 805 588 2550 HYDRIL COMPANY [~008 .....~:...~,. Petition for an ice rink in Bake~field (cont). ' '~//:.'-:::;~:~'~' Dn 04/03/00 MON 09:22 FA.~i 805 588 2550 HYDRIL COMPA~'VY ~]007 Petition for an ice rink in Bakersfield (cont). ... :'.-', 04/05/00 MON 09:23 FAX 805 588 2550 HYDRIL COMPANY ~008 ........ Petition for an ice rink in Bakersfield (cont). 04/05/00 ~lON 09:24 FAX 805 588 2550 HYDRIL COMPANY ~009 Petition for an io~ fink in Bakersfield (cO~t). ."..: ~: -~. :'., 04/03/00 MON 09:25 FAX 805 588 2550 HYDRIL COMPANY PUBLIC MEETING ON THE NEED FOR AN ICE SKATING FACILITY APRIL 4, 2000 AT 7:00 PM City Council Chamber Bakersfield is in need of an ice ~kating rink. Last year the Bakersfield Dragons had two teams win the State Championships. May 12 was named Bakersfield Dragon day as a result. This year our PeeWee B team won the So. Calif. Championship andis headed to the State Championship April 14 - 16. Bakersfield has a group of figure skaters that would like to see a rink again in Bakersfield. Before the closure of the ice Palace, the youth and adult hockey program was growing considerably. The Condors need home ice on which to practice. If you would like to support our efforts to get an Ice rink again in Bakersfield, please sign this petition. If you are able, we would also appreciate your attendance at the City Council meeting on April 4. 04/03/00 MON 09:25 FAX $05 588 2550 HYDRIL COMPANY [~011 Petition for an Ice rink in Bakersfield (cont). .~ .. 04/03/00 MON 09:26 F~ 805 588 2550 HYDRIL C0MP~Y ~012 . PUBLIC MEETING ON THE NEED FOR AN ICE SKATING FACILITY APRIL 4, 2000 AT 7:00 PM City Council Chamber Bakersfield is in need of an Ice skating rink. Last year the Bakersfield Dragons had two teams win the State Championships. May 12 was named Bakersfield Dragon day as a result. This year our PeeWee B team won the So. Calif. Championship and is headed to the State Championship April 14 - 16. Bakersfield has a group of figure skaters· that would like to see a rink again In Bakersfield. Before the closure of the Ice Palace, the youth and adult hockey program was growing considerably. The Condors need home Ice on which to practice. If you would like to support our efforts to get an ice rink again in Bakersfield, please sign this petition. If you are able, we would also appreciate your .... attendance at the City Council meeting on April 4. KERtl COU II AST[ A IA E IEItT I) EPARTMIT Daphne H. Washington, Director 2700 ~M" Street, Suite SOO Bakersfield, CA 9:3:301-2:370 (881) 882-8900 (800) §§2-KERN (option §) Fax: (881) 8§2-8g01 Apl:II 5, 2000 http:llwww, co.kem.ca.uslwmdlwmd.htm Alan Tandy, City Manager RECEIVED City of Bakersfield 1501 Truxtun Ave I APR - Bakersfield CA 93301 . , CITY MANAGER'S OFFICE~ Dear Mr Tandy: SUBJECT: Universal Collection Report The purpose of this letter is to inform you .of a change in the timetable for my report to the Board of Supervisors on Universal Collection. I reported at the joint Board/Council meeting that I intended to take a report to the Board of Supervisors in April. Due to several factors, ! am forced to revise that schedule. I have been asked to hold commUnity meetings prior to the Board being asked to vote on the matter. This, of course, is a reasonable request which I must accommodate. In addition, the Board is dark on April 18th, and scheduled vacations for myself and others preclude the last Tuesday in April, or the first two Tuesdays in May. Therefore, I am notifying you that I intend to put this item on the Board's Agenda for May 23'a. I would appreciate it if you would communicate this change to your Council. If you have any questions, please feel free to contact me at 862-8900. Sincerely, Daphne H. Washington Director I:\LETTERS\00-36 DHW-rsl.wpd cc: Board of Supervisors Scott Jones, County Administrative Office Steve Schuett, County Counsel Kevin Barnes, City Solid Waste Division Winner of local, state and national awards for innovation and efficiency. PUBLIC WORKS DEPARTMENT q' '~: h0 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326-3724 RAUL M. ROJAS, DW, EL'TOR · CITY ENGINEER April 3, 2000 Honorable Dean Florez Assemblyman, 30th District 230 Truxtun Avenue Bakersfield, CA 93301 RE: Proposed projects for the City of Bakersfield/California State University Bakersfield Dear Assemblyman Florez, On behalf of the City of Bakersfield and.California State UniversiD' Bakersfield, I am requesting consideration of funding in the next upcoming State budget cycle of two projects that will benefit both the City and the Universi¢'. The University campus is bounded on the north (Stockdale Highway) 'and south (Camino Media) by major arterial and collector streets, but there is no access from the east boundary of the campus which abuts the Arvin-Edison Canal nor the west boundary, which abuts developed colnmercial property. However, on.the east side of the Arvin-Edison Canal adjacent to the campus, Kroll Way (a 68 foot wide collector street) dead-ends at the canal. If a 'bridge were constructed across the canal at this point, it would connect Kroll Way with a parking lot currently scheduled for construction by the University just west of the canal. Constructing this bridge would not only enhance traffic circulation for the University, but would provide a direct connection to the multi- family apartments and condominiums located just east of the campus where many students reside. This proposed connection Would also encourage bike and pedestrian travel to the campus from this high-density residential area. SocCer fields which are used by children every. Weekend, and the swimming pool complex which is used by local swim teams everyday, are also both located on the eastern portion of the campus. This connection would also allow better access for the children and their families that are utilizing these facilities. The street width of the bridge is proposed to be 68 feet wide which continues the width of Kroll Way from the east and provides adequate width for two traffic lanes in each direction as well as a bike lane in each direction (which would allow a continuation of the existing bike lanes on Kroll Way. In addition, pedestrian sidewalks 5.5 feet in width are proposed to be constructed on each side which would connect to the existing sidewalks along both sides of Kroll Way. The City would design the bridge and obtain the needed right-of-way across the canal all at City. expense. The Cit3' would bid the project and administer its construction. The cost of the construction of the bridge is estimated at $500,000, and the CiD' would propose to provide.a 20% match ($100,000) and requests the State contribute 80% of the construction costs ($400,000). The project design would begin immediately upon approval of project funding (Summer 2000) with bidding in the Fall of 2000 and construction during Winter 2000 so that the project construction could utilize a "window of opportuni~r'' when low water flows exist in the canal. Projects for City of Bakersfield/Cai State University Bakersfield Page 2 Less desirable but still acceptable to meeting the intended goals would be to construct a half-width bridge which would allow one lane of traffic in each direction, a bike lane in each direction and a sidewalk on one side of the bridge for pedestrians. For this half-width facility, the construction costs identified above would be halved. The remaining half of the bridge could then be constructed in a future year. To summarize the key points and benefits, this new bridge would: - encourage pedestrian and bicycle traffic to the campus from the residential area to the east - provide improved vehicular access to the campus - have design begun immediately, and have construction beginning in the Winter of 2000 - its design engineered by and at the cost of the City - be constructed using State funding combined with a 20% local City match. The second project proposed would install a traffic signal at the south entrance to the campus on Camino Media. This intersection is currently controlled with a three-way stop. However, much pedestrian traffic occurs at this location due to the presence of residential and commercial areas directly south of the campus, and installation of a traffic signal would enhance pedestrian safety. This location meets warrants for the installation of a traffic signal as determined using State of California Department of Transportation criteria. Again with this project, the City would design, bid, and administer the construction of the project and would begin design as soon as approval was granted. Construction could begin as early as Fall, 2000. The estimated construction cost for the signal is $100,000, and the City would provide a 20~/~ match ($20,000) leaving $80,000 to be funded with State funds. The City and the University would both very much appreciate your proposing these projects for the upcoming State budget and for any assistance you might be able to provide in gaining their approval. They are worthwhile projects that would benefit both the community as well as the University. Should you have any questions or need additional information, please contact Ted Wright of this Department at 326-3575. Again, thank you for your consideration. Sincerely, RAUL M. ROJAS Public Works Director cc: Alan Tandy, City Manager Jacques LaRochelle, Engineering Services Manager Theodore D. Wright, Civil Engineer IV Michael A. Neal, Vice President, California state University, Bakersfield B A K E R S F I E L D ~ PUBLIC ,WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326-3724 PAUL M. ROJAS, DIRF_..C~OR · CITY ENGINEER April 3, 2000 Honorable Roy Ashburn Assemblyman, 32"0 District 1200 Truxtun Avenue, No. 120 Bakersfield, CA 93301 RE: Proposed projects for the City of Bakersfield/California State University Bakersfield Dear Assemblyman Ashburn, On behalf of the City. of Bakersfield and California State University Bakersfield, I am requesting consideration of funding in '{he next upcoming State budget cycle of two projects that will benefit both the City and the University. The University campus is bounded on the north (Stockd, ale Highway) and south (Camino Media) by major arterial and collector streets,, but there is no access from the east boundary of the campus which abuts 'the Arvin-Edison Canal nor the west boundar?' which abuts developed commercial propert?'. However, on the east side of the Arvin-Edison Canal adjacent to the campus, Kroll Way (a 68 foot wide collector street) dead-ends at the canal. If a bridge were constructed across the canal at this point, it would connect Kroll Way with a parking lot currently scheduled for construction by the University just west of the canal. Constructing this bridge would not only enhance traffic circulation for the University., but would provide a direct connection to the multi- family apartments and condominiums located just east of the campus where many students reside. This proposed connection would also encourage bike and pedestrian travel to the campus from this high-density residential area. Soccer fields which are used by children every weekend, and the swimming pool complex which is used by local swim teams everyday, are also both located on the eastern portion of the Campus. This connection would also allow better access for the children and their families that are utilizing these facilities. The street width of the bridge is proposed to be 68 feet wide which continues the width of Kroll Way from the east and provides adequate width for two traffic lanes in each direction as well as a bike lane in each direction (which would allow a continuation of the existing bike lanes on Kroll Way. In addition, pedestrian sidewalks 5.5 feet in width are proposed to be constructed on each side which would connect to the existing sidewalks along both sides of Kroll Way. The .City would design the bridge and obtain the needed right-of-way across the canal all at City expense. The City' would bid the project and administer its construction. The cost of the construction of the bridge is estimated at $500,000, and the City, would propose to provide a 20% match ($100,000) and requests the State contribute 80% of the construction costs ($400,000). The project design would begin immediately upon approval of project funding (Summer 2000) with bidding in the Fall of 2000 and construction during Winter 2000 so that the project construction could utilize a "window of opportunity" when Iow water flows exist in the canal. Projects for City of BakersfielcL/Cal State University. Bakersfield Page 2 Less desirable but still acceptable to meeting the intended goals would be to construct a half-width bridge which would allow one lane of traffic in each direction, a bike lane in each direction and a ~ sidewalk on one side of the bridge for pedestrians. For this half-width facility, the construction costs identified above would be halved. The remaining half of the bridge could then be constructed in a future year. To summarize the key points and benefits, this new bridge would: - encourage pedestrian and bicycle traffic to the campus from the residential area to the east - provide improved vehicular access to the campus - have design begun immediately, and have construction beginning in the Winter of 2000 - its design engineered by and at the cost of the City - be constructed using State funding combined with a 20% local City match. The second project proposed would install a traffic signal at the south entrance to the campus on Camino Media. This intersection is currently controlled with a three-way stop. However, much pedestrian traffic occurs at this location due to the presence of residential and commercial areas directly south of the campus, and installation of a traffic signal would enhance pedestrian safety. This location meets warrants for the installation of a traffic signal as determined using State of California Department of Transportation criteria. Again with this project, the City would design, bid, and administer the construction of the project and would begin design as soon as approval was granted. Construction could begin as early as Fall, 2000. The estimated construction cost for the signal is $100,000, and the City would provide a 20% match ($20,000) leaving $80,000 to be funded with State funds. The City and the University would both very much appreciate your proposing these projects for the upcoming State budget and for any assistance you might be able to provide in gaining their apprOval. They are both worthwhile projects that would benefit both the community as well 'as the University. Should you have any questions or need additional information, please contact Ted Wright of this Department at 326-3575. Again, thank you for your consideration. . Sincerely, Public Works Director cc: Alan Tandy, City Manager Jacques LaRochelle, Engineering Services Manager Theodore D. Wright, Civil Engineer IV Michael A. Neal, Vice President, California State University, Bakersfield BAKERSFIELD March 31, 2000 Honorable Chairman and Members of the Bakersfield Redevelopment Agency Presented herewith is the proposed Bakersfield Redevelopment Agency Budget for FY 2000-01 which has been prepared in accordance with the Agency's goals and objectives. Significant achievements in 1999-00 include the Allen School Partners Participation Agreement, implementation of the Agency's agreement with Golden Empire Affordable Housing for the Park Place senior housing development, establishment of two new redevelopment project areas, and the presentation of a workshop for interested citizens and government leaders entitled "How Redevelopment Works: From Plan Adoption to Implementation." Three separate funds have been established for each individual redevelopment project area. These funds include an operating fund, debt service fund, and housing set aside fund for each area. Operating and debt service funds must be used only in the project area in which they were generated. Although housing set aside funds can be used anywhere the Agency deems necessary, we believe that a separate accounting of these funds will provide increased control and responsibility. Operating Funds Administrative and direct staff charges will continue to be absorbed by the General Fund. The FY 2000-01 Redevelopment Operating Fund bUdgets include $108,363 in appropriations, of which $41,700 is budgeted to pay the County for property tax administration services. Due to existing debt obligations in the Downtown Project Area, the Agency's 2000-01 activity in that area will again be constrained to continuing its established practice of providing assistance on a performance basis. This takes the form of Ownership Participation Agreements in which the Agency rebates a portion of the tax increment it receives from specific projects. Street lighting capital improvement projects for $75,000 each are proposed in both the Southeast and Old Town Kern - Pioneer project areas. Housing Set Aside Funds The Downtown Redevelopment Housing Set Aside Fund has only one appropriation for $50,000 to pay for specialized consulting services that may be required. No appropriations have been made in the Old Town Kern - Pioneer and Southeast Housing Set Aside Funds. Additional RDA participation in any housing development or program will need to be appropriated separately. Debt Service Funds The substantial majority of the Downtown area's funds are budgeted to pay the Agency's various debt obligations associated with that area. In fiscal year 2000-01, $4,388,000 is appropriated to pay Certificates of Participation and various Ownership Participation Agreements. The other two project areas are not yet generating sufficient tax increment to pay against their respective debt. Respectfully submitted, Executive Director ~ BAKERSFIELD, Economic and Community Development Department MEMORANDUM March 29, 2000 TO: Bakersfield Redevelopment~embers FROM: Jake Wager /r ,.~.~ i Deputy Executive Directof~.~_2_~ SUBJECT: FY 2000-01 Budget Highlights The proposed fiscal year 2000-01 budget will be presented at the APril 10, 2000 meeting. I am taking this opportunity to highlight some elements prior to your receiving the agenda packet. First, three separate funds have been established for each individual redevelopment project area. These funds include an operating fund, debt service fund, and housing set aside fund for each area. As you know, operating and debt service funds must be used only in the project area in which they were generated. Although housing set aside funds can be used anywhere the AgenCy deems necessary, we believe that a separate accounting of these funds will provide increased control and responsibility. Second, you'll see that, as in past years, no personnel charges are being paid by tax increment funds. Staff support time is paid from the General Fund. Third, other operating costs such as general .printing charges, computer charges, training, etc. are charged to each of the three areas on the following percentage splits: Downtown - 50%; Old Town Kern - 20%; Southeast - 30%. These percentages approximate the staff time spent working on each project area. Fourth, a street lighting capital improvement project is proposed in both the Southeast and Old Town Kern - Pioneer project areas. In each area, $75,000 is budgeted to provide enhanced street lighting in targeted areas. The Southeast Project Area Committee has been a driving force behind this project in that area, and that group has some ideas on where to locate the lights. In the Old Town Kern area, the $75,000 will be used to expedite the completion of the Baker Street Lighting Project that the Agency approved last September. Finally, the Downtown project area continues to use the vast majority of its tax increment funds to repay debt. Accordingly, the Agency's activity in that area will be predominantly limited to the utilization of reimbursement agreements similar to the one just completed with the Allen Group. You will also see that a significant portion of the Downtown Redevelopment Project Area Operating Fund's equity balance is reserved for investment in parking. This action is taken pursuant to the Agency's direction to designate 25%. of the tax increment generated by the Lee Development project specifically for parking. These reserved funds constitute real cash and are projected to equal approximately $132,000. ~* *~'~ ~ ~12'T'~xr m^t'~q.,~,l- , If you have any questions regarding the budget, please contact me or David C] sn~y at 326-3765. Yo~ wil[ be receiving the budget proposal with the Agency's agenda packet around ^ ri!r. cc: Alan Tandy, Executive Director CiTY MAHAGER~ O April 5, 2000 Owner Address CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: REQUEST FOR STATEMENTS OF INTEREST SOUTHEAST BAKERSFIELD REDEVELOPMENT PROJECT AREA Dear Property Owner: As a result of recent media .attention, you may be aware that the California Avenue corridor between "L" and "T" streets is being considered by more than one party as a possible location for a retail/entertainment oriented project. You may also be aware that the Bakersfield City Council and the Bakersfield Redevelopment Agency recently approved the formation of the Southeast Bakersfield Project Area. The project area became effective July 30, 1999. One of the purposes of redevelopment is to encourage and potentially assist in the commercial development within the project areas. During the formation of the Southeast Bakersfield Project Area, residents of the area expressed the need for better commercial shopping and entertainment opportunities. The residents indicated their desire to see new commercial developments such as, a major grocery store/supermarket, full service banking, movie theaters, restaurants (fast food and fine dining), video stores, major gas service stations, home improvement stores, office/school supply stores and other entertainment/shopping amenities. The Bakersfield Redevelopment Agency (Agency) would like to identify and possibly assist property owners or developers that have plans or the potential to address any of these commercial opportunities within the Southeast Bakersfield Project Area. The Agency believes the commercial corridor along California Avenue may have the best initial potential for land or building sites that could accommodate these types of commercial shopping and entertainment developments (including recreational facilities and other publicly owned facilities such as a baseball stadium). Under the "Rules Governing Participation and Preferences for Owners, Operators or Business Tenants" adopted by the Agency in the formation.of the project area, the Agency is required to give property owners within a proposed development area an opportunity to participate in the redevelopment of the area. This participation can take the form of your own development proposal for the commercial project(s) contemplated, orparticipation with another property owner or business tenant in the development area to address the commercial shopping or entertainment needs. Under the above stated "Rules", information required by the Agency to evaluate proposals is outlined. (The "Rules" document is available for review or purchase at the Economic Development Department office at 515 Truxtun Avenue.) We have-attached a Statement of Interest form that outlines the required information needs of the Agency to determine any interest in the commercial opportunities and evaluate projects presented. Statement of Interest Letter April 5, 2000 Page 2 Please submit the Statement of Interest form and requested information, no later than 30 days from the receipt of this letter to: Bakersfield Redevelopment Agency Atten: Charles Webb, Southeast Bakersfield Project Area 515 Truxtun Avenue Bakersfield, CA 93301 Upon receipt of Statement of Interest and review by the Agency, each applicant will be sent a letter stating the Agency's interest or non-interest in the proposal, or at the discretion of the Agency a request for further clarification of information or documents included in the applicant's proposal. The Agency will evaluate all Statements of Interest based upon a number of considerations including, but not limited to, the following: a. Changes or elimination in land uses in the area contrary to the redevelopment of the Project Area; b. Availability, capacity, removal, relocation or installation of public utilities, infrastructure and facilities; c. Market conditions and project feasibility; d. Necessity for reduction in the number of parcels in the Project Area, land assembly and the possibility of resubdivision of land area; e. Long term land .planning and Agency resources; f. Allocation and application of Agency funds and staff; g. Ability of community resources to support an activity; h. The impact of a proposed development on the community and its environment; i. Conformance to the Redevelopment Plan and the implementation plans of the Agency; j. The relationship of a proposed development to the surrounding community, its quality, configuratiOn, appearance and service of community needs; k. The contribution of the proposed development to the tax base of the community; and I. The experience and financial capability of the participant. If you have any questions on the Statement of Interest form or information required, please feel free to call. We would be happy to discuss your project or situation. Please contact Deputy Executive Director John F. Wager, Jr. or Development Associate Charles Webb at (661) 326-3765. Sincerely, Redevelopment Agency S:\REDVAREA\OP for SE\Interest letter for OP.wpd STATEMENT OF INTEREST FOR THE BAKERSFIELD REDEVELOPMENT AGENCY FORTHE SOUTHEAST BAKERSFIELD PROJECT AREA PROJECT: COMMERCIAL DEVELOPMENT OPPORTUNITIES AREA: CALIFORNIA AVENUE COMMERCIAL CORRIDOR INSTRUCTIONS: Please answer all questions fully, using additional paper if necessary. Name of Property Owner(s): Mailing Address: Phone: Address of Property or properties owned within the proposed development area: Name of Business (if applicable within development area): Attach additional information or sheets as required to provide the following information: Type of Development being proposed: Any proposed redevelopment assistance/action being requested; i.e. purchase of property, financial assistance, site consolidation, site clean up, etc. Statement of Interest Page 2 Development experience to accomplish this type of project, or development team that would be contracted: Financial ability to complete project; i.e. source of funds, loans, etc:, Any other pertinent information to assist in the evaluation of proposal: I understand that this submission does not obligate me to participate in the project, nor does it obligate the Redevelopment Agency to select the proposal or participate in the development. Signed: Print Name and Title: Date: S:\REDVAREA\OP for SE\Interest letter for OP.wpd APR- 5 .... : BAKERSFIELD CITY MANAGER'S Economic and Community Development Department MEMORANDUM April 4, 2000 TO: Jake Wager Economic Development Director FROM: Vince Zaragoza ~J& Principal Planner SUBJECT: Status on MAOF Child Care Center Project As you are aware, an agreement between the City and the Mexican American Opportunity Foundation (MAOF) was executed last year to transfer title of property located on East California Ave. to MAOF for a child care center. The property was formerly owned by Clinica Sierra Vista Community Services Center and purchased with CDBG funds for use an urgent care drop-in facility. The existing building on the property was demolished. Instead of constructing a new facility, MAOF will be installing portable classrooms to accommodate 144 children ages 2 ½ to 5. Currently, MAOF is awaiting arrival of the portable classrooms from the manufacturer. Delivery date is expected by the end of May, 2000. MAOF anticipates they will begin providing child care services by July, 2000. file:s/vz/MAOF BAKERS'FIELD i,, ~;',TY MANAGER'S O? Economic and Community Development Department MEMORANDUM April 4, 2000 TO: Alan Tandy, City Manager FROM: Jake Wager, Economic Development Director ,~ SUBJECT: Status on the Draft Consolidated Plan 2005 As you are aware we advertised a citywide public meeting for the draft Consolidated Plan 2005 which was held last Thursday at the Martin Luther King Community Center. Only two residents attended the meeting. Since the attendance was somewhat limited we realize there is a need to increase our efforts for encouraging citizens to attend future Consolidated Plan meetings. Even though federal regulations only require one public notice for one community meeting for review of the Consolidated Plan, staff is redesigning its methods for increasing meeting attendance. Some examples are listed below. One example is to print flyers in English and Spanish that advertises the meeting (see the attached flyer for our second public meeting regarding the draft Consolidated Plan which is going to be held at the BoyS and Girls Club on April13). These flyers will be distributed at major gathering sites in the community. For the April 13th meeting the distribution sites were the Boys and Girls Club, Baker Street Library, Fiesta Foods/Charlie Meats, Beale Library, and MLK Community Center. Additionally, we intend as we did with the MLK Community Center meeting to continue to hold Consolidated Plan public meetings at neighborhood facilities instead of at the Convention Center where we have normally held them in the past. However, it needs to be noted that the Consolidated Plan as required by HUD, is a City-wide effort not neighborhood based. Another example for encouraging greater meeting participation is to also advertise the Consolidated Plan public meetings as a display ad and/or as public service announcements. This would potentially reach a greater viewer audience. These are some of the ideas staff will be pursuing in the future in an effort to encourage greater resident attendance at our public meetings concerning the Consolidated Plan. Please call if you have questions regarding this matter. file:s/vz/pu blicConPlan ATTENTION Bakersfield Residents You're Invited to a Public Meeting for the BakersfieM Draft Consolidated Plan 2005 Join your neighbors and City representatives at a community meeting to talk about the City's Draft Consolidated Plan. The Plan identifies the housing and community development needs that are to be addressed over the next five years with three major HUD funding programs: · Community Development Block Grant (CDBG) program · HOME Investment Partnership Program · Emergency Shelter Grant (ESG) Program We will be talking about the needs of the City and discussing community priorities for affordable housing, homelessness, special needs, economic development, and community development (i.e., public facilities/services, street improvements, etc.). WHERE: Boys and Girls Club of Bakersfield at 801 Niles Street WHEN: April 13, 2000 (Thurs.) at 5:30 P.M. (The community center meeting room is accessible to the disabled For special arrangements please call the City seven (7) days prior to the meeting at the phone numbers listed below.) FOR MORE INFORMATION PLEASE CONTACT: George Gonzales, Community Development Coordinator Economic and Community Development Department 515 Truxtun Ave. Bakersfield, CA 93301 Phone: 661/326-3765; TDD: 661/324-3631 Fax: 661/328-1548 Atenc 6n Residentes de la Ciudad Esta invitado a unajunta pt~blica para revisar el borrador del Piano de Consolidaci6n de la Ciudad de Bakersfield. E1 Piano identifica las necesidades de la vivienda y desarrollo de la comunidad que van a hablar sobre los pr6ximos cinco afios con tres programas de financiamiento mayores de HUD: oCesi6n Bloque de Desarrolio Comunitario (CDBG) · HOME Programa de Inversi6n Asociaci6n °Cesi6n Programa de Asilo de Emergencia (ESG) Estaremos hablando de las necesidades de la Ciudad y discutiendo prioridades de viviendas que se pueden comprar, el problema de personas sin hogar, necesidades especiales, desarrollo econ6mico, y desarrollo de la comunidad (i.e., facilidades pfiblicas/servicios, mejoramientos de calles, etc.). DONDE: Club de "Boys and Girls" en 801 Niles Street, Bakersfield CUANDO: April 13, 2000 (Jueves) a las 5:30 p. m. (El centro social es accesible a los inv~tlidos. Para arreglos especiales, por favor llame la Ciudad a numero abajo siete (7) dias antes de la junta.) PARA MAS INFORMACI~N~ EL CONTACTO ES: George Gonzales, Coordinador de el Departamento de Desarrollo Comunitario Departamento de Economla y Desarrollo Comunitario 515 Truxtun Ave. Bakersfield, CA 93301 Phone: 661/326-3765; TDD: 661/324-3631 FAX: 661/328-1548 RECEIVED. APR- 5 2000 ~ BAKERSFIELD CITY MANAGER'S OF~'~ Economic and Community Development Department MEMORANDUM April 4, 2000 TO: Alan Tandy, City Manager [ ~ t,~_'N~ FROM: Jake Wager, Economic Development Director SUBJECT: City Council Referral Item #WF0018420 - Economic Development in Areas of Need I concur with the comments you made to Vice Mayor Carson at the March 29, 2000 City Council meeting. As we are advised of a particular need or community amenity we automatically include the request in our discussions with perspective developers and property owners. By way of illustration, being aware of the need for a southeast grocery store we have included that in our discussions with property owners and/or developers. This has also been the case with the need for banking services in southeast Bakersfield. As you are aware in conversations with lending institutions, we have specifically pointed out the need in southeast Bakersfield. With respect to conducting some type of community assessment this would be a new task. Technically it may also prove to be difficult since it would require some form of measurement as to the adequacy of existing community amenities. This implies that a standard of some sort exist. If a standard for community amenities or services exist I am not aware of it. Should such an assessment be desired I anticipate it would require extensive resources currently not budgeted for. Finally with respect to the lack of gasoline service stations servicing this same area, we will now from this time on be including this idea in discussions with property owners and/or developers. Should other specific needs be identified we would be glad to incorporate them into our efforts to secure essential services for southeast Bakersfield. dlk:P:~JWS\council referral se bakersfield. WPD  ?.~ City of Bakersfield WORK REQUEST PAGE 1 REQ/JOB: WF0018420 / 001 PROJECT: DATE PRINTED: 3~30~0 REQUEST DATE: 3/29/0~ CREW: TIME PRINTED: 16:18:54 SCHEDULE DATES 'LOCATION: STA/~'I': 3~29~00 LOCATION ID: ZIP CODE: COMPLETION: 4/10/00 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: CARSON ORIGIN: CITY COUNCIL REFERRAL USER ID: DSULLIVAN WORK TYPE: REFERRAL DESCRIPTION: ECONOMIC DEVELOPMENT IN AREAS OF NEED REQUEST COMMENTS ***REFERRAL TO ED/CD*** CARSON ASKED QUESTIONS REGARDING ECONOMIC DEVELOPMENT IN AREAS WHERE NEEDS ARE NOT BEING MET BY BUSINESSES. SHE REQUESTED STAFF REPORT BACK WITH NEEDS ASSESSMENT PROCEDURES AND RECRUITMENT OF SERVICES ONCE NEEDS ARE IDENTIFIED. Job Order Description: ECONOMIC DEVELOPMENT IN AREAS OF NEED Cat~gory: ECONOMIC/COMMUNITY DEV Task: RESPONSE TO REFERRAL Assigned Department: ECONOMIC/COMMUNITY DEV START DATE / / COMPLETION DATE / /  CONFIDENTIAL - PROTECTED M E M O R A N D U M BY A'I-rORNEYICLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES April 5, 2000 TO: HONORABLE MAYOR AND CITY COUNCILMEMB FROM: BART J. THILTGEN, City Attorney CARL HERNANDEZ III, Deputy City Attorne~ SUBJECT: Council Referral No. WF0018419/001 City Ordinances Regulating Restaurant Workers and Healthcare Issues Introduction This memo discusses Councilmember Carson's request that this office research and provide a report regarding cities with ordinances regulating restaurant workers and other healthcare issues. Current Bakersfield City Ordinances Reaulatina Restaurant Workers and Other Healthcare Issues All health-related functions within the City of Bakersfield, including the regulation of restaurant workers, have been transferred to the County of Kern. (Bakersfield Municipal Code sections 8.04.010 and 8.04.020.) Therefore, all such matters are currently regulated by County ordinance and applicable state law. (Kern County Code chapters 2.24 and 8.04.) Other City Ordinances Re_~ulatin_~ Restaurant Workers and Other Healthcare Issues Our research indicates that most cities have transferred all health functions, including, restaurant inspections, to their respective County health departments. The City of Pasadena has retained and operates its own health department, but still follows state laws regarding restaurant facilities. Some cities have adopted ordinances which purport to regulate restaurant workers (see attached example from City of Brentwood); however, it is our opinion that such ordinances are preempted by state law.  CONFIDENTIAL - PROTECTED M E M O R A N D U M BY ATTORNEYICLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES April 5, 2000 TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: BART J. THILTGEN, City Attorney CARL HERNANDEZ III, Deputy City Attorne~ SUBJECT: Council Referral No. WF00184191001 City Ordinances Regulating Restaurant Workers and Healthcare issues Introduction · This memo discusses Councilmember Carson's request that this office research and provide a report regarding cities with ordinances regulating restaurant workers and other healthcare issues. Current Bakersfield City Ordinances Re-qulatin.q Restaurant Workers and Other Healthcare Issues All health-related functions within the City of Bakersfield, including the regulation of restaurant workers, have been transferred to the County of Kern. (Bakersfield Municipal Code sections 8.04.010 and 8.04.020.) Therefore, all such matters are currently regulated by County ordinance and applicable state law. (Kern County Code chapters 2.24 and 8.04.) Other City Ordinances Regulating Restaurant Workers and Other Healthcare Issues Our research indicates that most cities have transferred all health functions, including-restaurant inspections, to their respective County health departments. The City of Pasadena has retained and operates its own health department, but still follows state laws regarding restaurant facilities. Some cities have adopted ordinances which purport to regulate restaurant workers (see attached example from City of Brentwood); however, it is our opinion that such ordinances are preempted by state law. April 5, 2000 CONFIDENTIAL Page No. 2 State Law Governs Regulation of Restaurant Operations Including Workers The state has enacted a comprehensive set of regulations which covers all aspects of restaurant health and sanitation and is known as the "California Uniform Retail Foods Facilities Law." (Health and Safety Code section 113700, et seq.) The legislature ha~ declared its intent to occupy the entire field of health and standards for food facilities such as restaurants. This leaves little room for local regulation. Hygiene standards for restaurant employees are specifically covered under state law. (Health and Safety Code section 114020, copy attached hereto for yOur review.) Moreover, if a restaUrant worker has an infectious disease, the health officer may: 1) immediately exclude the employee from the restaurant; or 2) immediately close the restaurant until it poses no further danger of disease outbreak. (Health and Safety Code section 114022, copy attached hereto for your review.) Conclusion - Except in very limited instances, state'law regarding. restaurant health'and sanitatiOn issues preempt, or prevent, the City from passing ordinances on the same topic. Furthermore, the City has transferred all health-related matters to the-County and Would need to reestablish those powers in order for any health-related legislation to be effective. CH:lsc Attachments cc: Alan Tandy, City Manager S:\COUNCIL\Referrals\RestaurantWorkers.wl~l 2.24.010 Chapter 2.24 such rules and regulations as are incidental to the enforcement of the environmental health provisions of this code or deemed HEALTH OFFICER AND ENVIRONMENTAL advisable in the accomplishment of the purpose and intent HEALTH DIVISION of such provisions; such rules shall be enforced as provisions of this code. (Prior code § 3002) Sections: 2.24.010 Environmental health services 2.24.050 Agreements to provide inspection for department--Created--Transfer of cities. powers and duties. A. When the governing body of a city in the county 2.24.020 Health officer defined, consents by resolution or ordinance, the health officer shall 2.24.030 Environmental health services enforce and observe in the city all of.the following: director--Qualifications. 1. Orders, quarantines and other rules and regula- 2.24.040 Rules and regulations, tions issued under the provisions of the California Health and 2.24.050. Agreements ~o provide inspection for Safety Code; cities. 2. Statutes relating to the public health; and 2.24.060 Inspection and sampling. 3. State provisions regulating milk and milk 2.24.070 Arrests and notices to appear, products. B. The resolution or ordinance of the city shall be 2.24.010 Environmental health services adopted and a certified copy served on the clerk of the board department--,Created--Transfer of of supervisors on or before the first day of March of any year, powers and duties, and the services of the health officer in the city shall commence The environmental health services department is created on the first day of July next succeeding the giving of notice. as a comprehensive environmental agency as defined in the C. The services shall continue indefinitely until the California Code of Regulations, Title 17, Section 1351, and governing body of the city terminates them by adoption of shall be a component of the resource management agency a resolution or ordinance and service of a certified copy on of the county. The environmental health services department the clerk of the board of supervisors on or before the first has transferred to it, pursuant to this section, with the concur- day of March of any Subsequent year. The services of the rence of and appropriate delegation of authority from the health officer shall terminate on the first day of July immediate- county health officer, and upon the concurrence of the director ly succeeding the giving of the notice. (Prior code § 3003) of health services of the California State Department of Health Services, as authorized by Health and Safety Code Section 2.24.060 Inspection and sampling. 1155.5, the function of providing environmental health and A. The health officer i§ empowered and authorized to sanitation services. The functions so transferred 'shall be enter upon and inspect any premises or place where he has maintained at levels of quality and efficiency equal to orhigher reason to believe that food or the products of food are being than formerly provided by the environmental health services produced, sold, handled, kept, transported, delivered or used division of the county health department. All personnel of for sale or given away, and to take samples thereof at any the department charged with enforcement of orders, quarantines, time from any person, firm or corporation selling, exposing rules, regulations and law related to public health shall be for sale, offering for sale or traffic, exchanging, delivering qualified under 'and meet the minimum standards required or distributing foods or the products of food in Kern County, by state law. (Ord. G-6351 § 3, 1996: Ord. G-5885 § 4, 1993: provided that such samples are obtained only for the purpose prior code § 3000) of analysis or other official purposes. B. It shall be unlawful for any person, firm or corpora- 2.24.020 . Health officer defined, tion to prevent, interfere with or attempt to nullify in any way The. term "health officer' as used in this code means the the work of the health officer acting under this code. This health officer of Kern County or his authorized agents. (Prior shall include but not be limited to the failure to provide code § 3006) information to the health officer or the attempt to conceal the same. (Prior code § 3004) 2.24.030 Environmental health services director-- Qualifications. 2.24.070 Arrests and notices to appear. The environmental health services director shall be apl~int- A. Pursuant to the pro.visions of Penal Code Section ed by and serve under the direction of the board of supervisors. 836.5, any of the officers and employees of the health depart- The director shall possess the minimum qualifications required ment set forth in subsection (B) of this section may arrest by state law. The director shall have additional staff and a person without a warrant whenever he has reasonable cause managerial responsibilities as directed and authorized by the to believe that the person to be arrested has committed a board of supervisors to assist in the performance of the duties misdemeanor or infraction in his presence which is a violation of department. (Ord. G-5885 § 5, 1993: prior code § 3001) of any of the following: 1. Orders and ordinances of the board of supervi- 2.24.040 Rules and regulations, sots pertaining to the public health and sanitary matters; The health officer is empowered and directed to promulgate 27 (Kern County 1-97) 8.04.010 Chapter 8.04 provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility ENVIRONMENTAL HEALTH PERMITS (Health and Safety Code Sections 1200 and 1200. Ia). AND SERVICE FEES 8. '`clinical laboratoEg' means any place, establishment, or institution organized and operated for the practical applica- seCtions: tion of one (I) or more of the fundamental sciences by the 8.04.010 Definitions. use of specialized apparatus, equipment, and methods for the 8.04.020 Area of application, purpose of obtaining scientific data, which may be used as 8.04.030 Permit required, an aid to ascertain the presence, progress, and source of disease 8.04.040 Separate permits required for separate in human beings (Business and Professions Code Section 1206). activities. 9.. "Common storage facility" means any designated 8.04.050 Permit issuance. · accumulation area maintained in accordance with the Medical 8.04.060 ' PermittTeznn---Fee proration--- Waste Act. used by small generators otherwise operating Payment due when. independently, for the storage of medical waste for collection 8.04.070 · Exhibition of permit, by a registered hazardous waste hauler. 8.04.080 Exemption from permit fee. 10. "Complaint inspection" means the investigation by 8.04.090 Permit fees. the health officer of an allegation that a violation of orders 8.04.100 Fees for extended' service, or ordinances of the board of supervisors, or of orders, quaran- 8.04.110 Lost permits, tines or regulations of the State Department of Health Services 8.04.120 Environmental health service fees. or state statutes is occurring or has occurred Within thejurisdic- 8.04.130 Services not specifically described, tion of the health officer. 8.04.140 Unpaid fee or penalty--Lien. 11. '`composting facility" means a facility that is operated 8.04.150 Investigation of violation--Authority, for the purpose of producing compost, as defined in Division 8.04.160 Permit suspension or revocation--- 30, Part 1, Chapter 2, Section 401 16 of the Public Resources Conditions. Code and includes those facilities more specifically described 8.04.170 Suspension or revocalion--Hearing, in Title 14, California Code of Regulations, Section 17852(m). 8.04.180 Legal actions. 12. "Concession stand" means any structure where food 8.04.190 Delinquency and other violations~ regulated by the California Uniform Retail Food Facilities Penalties. Law of the Health and Safety Code (commencing With Section 27500) is sold and where such selling occurs on an intermillent 8.04.010 Definitions. basis, e.g:, fairs, carnivals, Sporting events, sales promotions, The definitions contained in this section apply to this etc. chapter. 13. "Conditional use permit" means the conditional use 1: "Acute care facility" means a health facility having permit required by the zoning regulations, Title 19 of this a duly constituted governing body with overall adminlslxative code. and professional responsibility and an organized medical staff 14. "Contaminated soil transfer/processing operation" which provides twenty-four (24)hour inpatient care, including means an operation that handles only contaminated soil for the following basic services: medical, nursing, surgical, the purposes of treatment, storage, or transfer. anesthesia, laboratory, radiology, pharmacy, and dietary services 15. "Contaminated soil disposal facility" means a facility (Health and Safety Code Section 1250a). that handles only contaminated soil for the purposes ofdispos- 2. '~Acute psychiatric facility" means a health facility al. having a duly constituted governing body with overall adminis- 16. '`convalescent hospital" means a health facility which trative and professional responsibility and an organized medical provides nursing care and supportive care to ambulatory and staff which provides twenty-four (24) hour inpatient care for nonambulatory patients who do not require continuous skilled mentally disordered, incompetent, or other patients and includ- nursing care. ing the following basic services: medical, nursing, rehabilita- 17. '~Dairy farm" means any place or premises upon which tive, pharmacy, and dietary services (Health and Safety Code milk is produced for sale or distribution and where more than Section 1250b). two (2) cows or six (6) goats are in lactation. 3. "Ambulance" means a company which utilizes 18. "Dairy soft serve" means a low fat semi-frozen dairy vehicles specifically equipped to transport sick or injured, dessert food. 4. "Annual inspection" means an inspection of a facility 19. "Dental office" means any office where any act of which occurs once a year. dentistry is practiced as defined by Business and Professions 5. "Application for waiver' means the application for Code Section 1625 (Business and Professions Code Section waiver required by the Land Division Ordinance, Division 1658). II of Title 18 of this code. 20. "Director of environmental health services" means 6. "Bienrfial inspection" means an inspection of a facility the chief administrator of the environmental health services which occurs once every two (2) years, department, a designee of the health officer. All provisions 7. "Clinic" means an organized outpatient health facility referring to "health officer' shall also be applicable to the which provides direct services or treatment to patients who director of environmental health services. remain less than twenty-four (24) hours, and which may 225 (Kern County 1-98) 8.04.010 scum and solids removed in primary, secondary and advanced days if not more than one thousand five hundred (!,500) tires treatment of wastewater, are ever accumulated on the dealer's or dismantler's premises. 42. '~Land application of food processing waste or grease" 51. "Mobile food facility" means any conveyance, used means the application of food processing waste or food grease in conjunction with the service of a commissary or other to land for agricultural or soil amendment purposes. Food approved facility upon which prepackaged food or approved wastes consist of residues that result from cooking, cleaning, non-prepackaged food is sold or offered for sale at retail. canning, handling or otherwise processing food. Food grease Mobile food facility does not include a mobile food preparation consists of fat and oil that result from cooking, cleaning, unit or a stationary mobile food preparation unit. canning or otherwise processing food. 52. "Mobilehome park plan check" means the review 43. "Land development standards" means the "Standards of plans for sanitation facilities proposed for mobilehome parks. and Rules and Regulations for Land Developments---Sewage The term "mobilehome parks" includes "mobilehome parks" Disposal, Water Supply, and Preservation of Environmental as defined by Health and Safety Code Section 18214, as Health and Air Quality" as issued and amended from time amended from time to time, and shall also include special to time. occupancy trailer parks and campgrounds as described in 44. "Limited hauler exemption" means a generator who Subchapter 2, Chapter 2, 1 Division 1 Title 25 of the California generates less than twenty (20) pounds of medical waste per Code of Regulations (commencing with Section 2000) as week and transports less than twenty (20) pounds of medical amended from time to time. waste at any one time. 53. "Modification" (where public hearing is required) 45. "MajOr waste tire facility" means a waste tire facility means modification required by the zoning regulations, Title where, at any time, a sum of five thousand (5,000) or more 19 of this code. waste tires are or .will be stored. 54. "Mortuary" means a funeral establishment as defined 46. "Manure processing/ag compost facility" means any by Business and Professions Code Section 7616. business engaged in the processing of accumulated animal 55. "Organized recreational camp" means a site with excrement, including feces, urine, bedding material, spilled programs and facilities established for the primary purpose feed or soil, or mixtures containing animal excrement and of providing an outdoor group living experience with social, organic bulking material for sale or distribution, spiritual, educational or recreational objectives for five (5) 47. "Medical office" means any office where any act consecutive days or more during one (1) or more seasons of of medicine is practiced, the year. 48. "Medical waste" means waste which is generated 56. '~Packing shed" means any business engaged in the or produced as a result of: (a) diagnosis, treatment or immuni- processing of any farm product in any fresh or packaged form. zation of human beings or animals, (b) in research pertaining 57. "Permitted facility--Planned" means all categories thereto, (c) in the production or testing of biological or (d) of solid waste facilities which have been permitted but remain the accumulation of properly contained home-generated sharps undeveloped. waste that is brought by a patient, a member of his or her 58. "Pet store" means any person that buys, sells, or family, or by a person authorized by the enforcement agency, boards any species of animal. (See Section 7.04.160 of this to a point of consolidation approved by the enforcement agency code.) pursuant to the Health and Safety Code, Chapter 6.1, and is 59. '`person" means any individual, firm, parmership, all of the following: joint venture, association, corporation, estate, trust, receiver, a. Biohazardous waste (Health and Safety Code, syndicate, city, county or other political subdivision, or any Chapter 6.5); other group or combination acting as a unit. b. Sharps waste (Health and Safety Code, Chapter 60. "Plan" means a business plan as described in Section 6.5). 25501 of the Health and Safety Code. 49. "Medical waste generator' means any person, whose 61. "Poultry egg ranch" means any place where laying act or process produces medical waste and includes, but is . hens are kept to produce eggs for profit, except Four H or not limited to, a provider of health care as defined in subdivi- Future Farmer projects.. sion (d) of Section 56.05 of the Civil Code. 62. "Precise development plan, approval of" means a. "Large quantity generator" means a medical approval of a precise development plan as required by the waste generator that generates two hundred (200) or more zoning regulations, Title 19.of this code. pounds of medical waste in any month of a twelve (12) month 63. '`precise development plan, modification" means period; a modification of a precise development plan required by the b. ,Small quantity generator" means a medical zoning regulations, Title 19 of tiffs code. waste generator that generates less than two hundred (200) 64. "Primary care facility" means an organized outpatient pounds per month of medical waste, facility Or clinic which provides direct medical, surgical, dental, 50. "Minor waste tire facility" means a waste tire facility optometric, or podiatric advice, services, or treatment to where, at any time, a sum of five hundred (500) or more, but patients who remain less than twenty-four (24) hours, and less than five thousand (5,000), waste tires are or will be which may provide diagnostic or therapeutic services to patients stored. However, a "minor waste tire facility" does not include in the home as an incident to care provided at the clinic facility a tire dealer or.an automobile dismantler, as defined in Sections (Health and Safety Code Section 1200). 220 and 221 of the Vehicle Code, who stores tires on the dealer's or dismantler's premises for less than ninety (90) .227 (Kern County 1-98) 8.04.010 or hard candy, prepackaged candy, cookies, crackers, ice, or "Water hauler" shall not include any facility inspected or snacks and beverages which are not potentially hazardous, licensed by a state or federal agency. 91. "Veterinary, clinic" means an organized outpatient 10 I. "Water purveyor" means any person who, from any arum. al health facility, which provides direct veterinary,, surgical, source, furnishes or supplies water to the public through a dental advise services or treatment to patients that remain less "state small" water system as defined in Health and Safety than twenty-four (9_4) hours. Code Section 4010.1, subsection (k), as amended from time 92. "Veterinary hospital" means an animal facility, with to time. "Water purveyor" shall not include any water hauler. an organized veterinary staff which provides twenty-four (24) 102. "Water purveyor permit" means that permit required hour inpatient care, including the following basic services: to be obtained by a water purveyor pursuant to Title 22, veterinary, animal health technicians, surgical, anesthesia. California Code of Regulations, Section 64211, as amended laboratory, radiological, pharmacy, and dietary services, from time to time. 93. "Veterinary office" means any office where any 103. "Water sample" means those'samples required to person practices veterinary medicine as defined in Business be taken pursuant to Title 22, California Code of Regulations, and Professions Code Section 4826. Sections 64421 and 64431 as amended from time to time. 94. "Volume weighted unit" means the quantity of an 104. "Well" means any artificial excavation constructed inventoried material multiplied by the standard hazard rating, by any method for the purpose of extracting xvater from or as determined by the North_ridge Tox Center Hazard Rating injecting water into the ground; or used for purpo~s of System, of the same material, observation or monitoring of the groundwater basin or soils 95. "Waste facility" shall include but not be limited to: lithology; or for cathodic protection. "Well" does not include a. A disposal site for the deposition of solid waste; the following:' b. A place presently used or intended to be used a. Oil and gas wells or geothermal wells construct- for the deposition of waste; ed under the jurisdiction of the Department of Conservation c. Facilities or operations used to receive, tempo- of the State of California, unless such wells are converted · rarily store, separate, convert or otherwise process the materials to use as water wells; in solid wastes or transfer the solid wastes directly.from .qmaller b. Wells used for the purpose of: or larger vehicles for transport. Operators which receive sixty i. Dewatering excavations during construc- (60) cubic yards or less of waste per operating day are desig- tion, or nated as "limited volume transfer operations." Facilities which ii. Stabilizing hillsides on earth embank- receive sixty-one (61) to ninety-nine (99) cubic yards of waste, menu; per operating day, are designated as "small volume." Facilities c. Springs. which receive greater than ninety-nine (99) cubic yards of 105. "Wind energy acoustical report" acoustical data wa.gte, are designated "large volume" as used in this title; submitted to the environmental health services department d. "Class L Class II, and Class 111 disposal sites" as required by the zoning regulations. which shall have the meanings prescribed by Article 2, Sub- 106. "Zone change" means a zone change required by chapter 15,'Chapter 3, Title 23 of the California Administrative the zohing regulations, Title 19 of this code. (Ord. G-6400 Code (commencing with Section2510) as amended from time § 3, 1997: Ord. G-6299 § 3 (part), 1996) to time. 96. ''Waste facility application filing" means establishing 8.04.020 Area of application. and maintaining a permit file for ultimate permit issuance, The environmental health permit fee prescribed by this denial or review as prescribed in Government Code Section chapter shall be required for any business or activity within 66796.30' as amended from time to time. the area in which the health officer enforces orders or ordinanc- 97. "Waste facility application processing" includes es of the board of supervisors, state statutes or orders, regula- investigations, evaluations, review and consideration of techni- tions Or rules prescribed by the State Department of Health cai reports, environmental documents, responsible agency relating to public health within or without an incorporated coordination, and multiple site inspections for ultimate permit city. (Ord. G-6299 § 3 (part), 1996) issuance. 98. "Waste facility closure/closed facility" means the 8.04.030 Permit required. period of site activity following the final receipt of waste in Any person conducting any business, occupation or other a landfill in accordance with permit conditions and standards activity listed in this chapter within the geographic area under as may be set by a regional water board, the local enforcement the jurisdiction of the health Officer shall apply for an environ- agency (LEA) and the Califomia Integrated Waste Management mental health permit on the form provided, shall pay to the Board. health officer the prescribed fee and penalty, if any, and shall 99. "Waste facility exemption" means a solid waste at all times possess said permit. The environmental health facility which has been exempted by the Local Enforcement permit is not transferrable. (Ord. G-6299 § 3 (part), 1996) Agency (LEA) from the requirement of a solid waste facility permit according to Title 14 California Code of Regulations 8.04.040 Separate permits required for separate Section 18215 criteria, activities. 100. "Water hauler" means any person who transporu If a person engages in, conducts or carries on at the same · water used for or intended to be used for domestic purposes time more than one (1)of the activities for which an environ- by anyone other than himself or his immediate household, mental health permit is required by this chapter, he shall be 229 (Kern County !-00) 8.04.120 B. Failure to pay within sixty (60) days of the bill- and good cause therefor, the health officer may postpone any ing is an infraction, hearing. C. The fee for a well application must be submitted C. At the conclusion of the hearing, the director of with the application and prior to any inspection being conduct- environmental health services shall issue a written notice of ed. Failure to submit fee shall render the application void. decision to the perrnittee within five (5) working days following D. Fees for services performed by the Kern County the hearing. In the event of a suspension or revocation, the environmental health services department shall beestablished notice shall specify the acts or omissions with which the by uncodified ordinance. (Ord. G-6401 § 3, 1997: Ord. G-6299 permittee is charged, and shall state the terlrkq of the suspension § 3 (part), 1996) or that the permit has been revoked. D. If any immediate danger to the public health or safety 8.04.130 Services not specifically described, is found, unless the danger is immediately corrected, the The director of environmental health services may charge director of environmental health services may temporarily for the services rendered by the personnel of the department suspend the permit and order the business, occupation or of environmental health services that are necessary to the activity closed. "Immediate danger to the public health and performance of their duties as required by law. The charge safety" means any condition, based upon inspection findings will be based on a per-hour fee of seventy-five dollars ($75.00). or other evidence, that may cause food infection, food intoxica- (Ord. G-6299 § 3 (part), 1996) tion, disease transmission or'hazardous conditions including but not limited to unsafe food temperature, sewage contamina~ 8.04.140 Unpaid fee or penalty--Lien, tion, nonpotable water supply or an employee on the premises If any fee or penalty required by this chapter remains unpaid who is a carrier of a communicable disease. for ninety (90) days after the delinquency date, the director E. Whenever a permit is suspended as the result of an of environmental health services may authorize a direct immediate danger to the public health or safety, the director assessment against the real property in cases where the real of environmental health services shall issue the permittee a property is owned by the operator of a business or the permittee notice setting forth the acts or omissions with which the and the property is the subject of the enforcement, or a certifi- permittee is charged, specifying the pertinent code provisions cate of lien may be recorded, as authorized by Sections and informing the permittee of his rights as specified in this 510--510.7 of the California Health and Safety Code. (Ord. section and Section 8.04.160. (Ord. G-6299 § 3 (par0, 1996) G-6299 § 3 (part), 1996) 8.04.180 Legal actions. 8.04.150 Investigation of violation--Authority. No provision of this chapter shall be interpreted to exempt The director of environmental health services may conduct any person from any action initiated by the environmental a hearing for the purpose of investigating any violation of health services department as may be required in the enforce- this chapter. (Ord. G-629~ § 3 (part), 1996) ment of state statutes, rules or regulations, or local ordinances. (Ord. G-6299 § 3 (part), 1996) 8.04.160 Permit suspension or revocation--- Conditions. 8.04.190 Delinquency and other violations-- If the director of environmental health services determines Penalties. at any time that applicable laws pertaining to any business, A. If any fee required by this chapter is not paid or occupation or activity regulated by this chapter have not been mailed and postmarked prior to or on the delinquency date, complied with, he may suspend or revoke the permit after the applicant shall pay in addition to such fee a penalty equal tn:st issuing and serving upon the permittee a notice setting to fifty percent (50%) of the fee. The term"del~nquency date" forth in clear and concise language the acts or omissions with means: in the case of a renewal, it shall be July 31 st; for the which the permittee is charged and informing him of his right annual renewal fee for underground storage tank/facility to a hearing. (Ord. G-6299 § 3 (part), 1996) operating permit or annual administrative fee for a business that must submit a business plan, it shall mean thirty (30) 8.04.170 Suspension or revocation---Hearing, days after invoicing; in the cas& of a change of opera- A. At any time within fifteen (15) days after service tots/owners or a newly established business activity, it shall of notice of intent to suspend, revoke or deny a permit, the mean thirty (30) days after the change or commencement of permittee or applicant may request a hearing before the director the business or activity; and in the case of an extended service of environmental health services to show cause why his permit tee, it Shall mean thirty (30) days after the invoicing. should not be denied, suspended or revoked. Failure to request B. Failure to obtain or possess an environmental health a hearing within fifteen (15) days shall be deemed a waiver permit as required by this chapter is a misdemeanor. of the right to such hearing. The hearing shall be held within C. Failure to pay the fee due, and Penalty if any, within fifteen (15) calendar days of the receipt of a request for a sixty (60) days .of the billing is an infraction. (Ord. G-6410 hearing.. § 3., 1997: Ord. G-6299 § 3 (,pm), 1996) B. For good cause the director of environmental health services may order a hearing at any reasonable time within the fifteen (15) day period to expedite the permit suspension or revocation process. Upon written request of the permittee 23 I (Kern County 1-00) City of Brentwood 8.08.040 Diseased person--Employment restrictions. No person who is affected with any disease in a communicable form or who is a carrier of such disease shall work in any restaurant, and no restaurant shall employ any such person or any person suspected of being affected with any disease in a communicable form or of being a carrier of such disease. I£the restaurant manager suspects that any employee has contracted any disease in a communicable form or has become a carrier of such. disease he shall notify the health officer immediately. (Ord. 16 § 6, 1948) 8.08.050 Diseased person--DUties of health officer. When suspicion arises as to the poSsibility of transmission of infection from any restaurant employee, the health officer is authorized to require any or all of the following measures: A. The immediate exclusion of the employee from all restaurants; B. The immediate closing of the restaurant concerned until no further danger of disease outbreak exists, in the opinion of the health officer; C. AdeqUate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated. (Ord. 16 § 7, 1948) § 114005 RETAIL FOOD Historical Derivation: Former H & S C 8 27602.5, as added Stats 1988 ch 226 8 2. § 114010. Protection from contamination All food shall be prepared, stored, displayed, dispensed, placed, trans- ported, sold, and served as to be protected from dirt, vermin, unneces- sary handling, .droplet contamination, overhead leakage, or other con- tamination. Added Stats 1995 ch 415 8 6 (SB 1360). Historical Derivation: (a) Former H & S C 8 27603, as added Stats 1984 ch 256 8 1. (b) Former H & S C 88 28572, 28617, as added Stats 1961 ch 633 8 2, amended Stats 1965 ch 596 §8 2, 3. (c) Former H & S C § 28633, as added Stats 1947 ch 394 8 1. (b) Former H & S C § 28649, as added Stats 1961 ch 633 § 2. Collateral References: Proof of Facts: Food. 5 Am Jur Proof of Facts 153. § 114015. (Inoperative) Added Stats 1995 ch 415 § 6. Editor's Notes~Stats 1995 ch 415 § 173 contained a prevail clause. The amendment of H & S C § 27604 prevailed over ch 415's reenactment of H & S C § 27604 as H & S C § 114015 which read: '"(a) (1) No unpackaged food that has been served to any person or returned from any eating area shall be served again or used in the preparation of other food. "(2) No food prepared or stored in a private home shall be used, stored, served, of- fered for sale, sgld, or given away in a food facility. "(3) Except as provided in paragraph (4), a private home shall not be used for the purpose of giving away, selling, or handling food at retail, as defined in Section 113875. "(4) Nonperishable, prepackaged food may be given away, sold, or handled from a private home. "(b) Except as provided in subdivision (c) of Section 114080, every bakery product shall have a protective wrapping which shall bear a label which complies with the labeling requirements prescribed by the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)). Bakery products sold directly to a restaurant, catering service, retail bakery, or sold over the counter directly to the consumer by the manufacturer or bakery distributor shall be exempt from this subdivision. French style, hearth-baked, or hard-crusted loaves and rolls shall be considered properly wrapped if contained in an open-end bag of sufficient size to enclose the loaves or rolls." -'~.__..~114020. Hy_.giene standards (a) No employee shall commit any act that may result in the contami- nation or adulteration of food, food contact surfaces, or utensils. (b) All employees preparing, serving, Or handling food or utensils shall wear clean, washable outer garments, or other clean uniforms. All em- ployees shall wear hairnets, caps, or other suitable coverings to confine 42 SANITATION § 114020 all hair when required to prevent the contamination of food, equip- ment, or utensils. (c) Ail employees shall thoroughly wash their hands and arms by vigor- ously rubbing them with cleanser and warm water, paying particular ~laced, trans- attention to areas between the fingers and around and under the nails, nin, unneces- ' rinsing with Clean water. Employees shall wash their hands: or other con- (1) Immediately before engaging in food preparation, including work- ing with unpackaged food, Clean equipment and utensils, and un- wrapped single-service food containers and utensils. (2) Before dispensing or serving food or handling clean tableware and serving utensils in the food service area. ded Stats 1965 ch (3) As often as necessary, during food preparation, to remove soil and contamination and to prevent cross-contamination when changing tasks. (4) When switching between working with raw foods and working with ready-to-eat foods. (5) After touching bare human body parts other than clean hands and clean, exposed portions of'arms. (6) After using the toilet room. (7) After caring for or handling any animal allowed in a food facility pursuant to Section 114040. . .' amendment (8) After coughing, sneezing, using a handkerchief or disposable tissue, ~ 27604 as H using tobacco, eating, or drinking. aed from any (9) After handling soiled equipment or utensils. Ood. ~, served, of- (10) 'After engaging in any other activities that contaminate the hands. used for the (d) No employee shall expectorate or use tobacco in any form in any d in'Section area where food is prepared, served, or stored, or where utensils are cleaned or stored. idled from a (e) Employees serving ready-to-eat foods shall use gloves, tongs, or ~cery product other implements to place food on tableware or in other containers. ,lies with the (f) GlO~,es shall be worn when contacting food and food contact sur- osmetic Law faces if the employee has any cuts, sores, rashes, artificial nails, nail directly to a irectly to the polish, tings (other than a plain ring, such as a wedding band), pt from this uncleanable orthopedic support devices, or finger nails that are not rolls shall be clean, neatly trimmed, and smooth. icient size to (g) Whenever gloves are worn, they shall be changed, replaced, or washed as often as handwashing is required in subdivision (c). When single-use gloves are used, they shall be replaced after removal. the contami- Added Stats 1996 ch 1048 § 16 (AB 2349). ttensils. Former Sections: Former § 114020. similar to the present section, was ad'ted Stats 1995 ch 415 § 6 and repealed utensils shall Stats 1996 ch 1048 § 15. ~rms. All em- Historical Derivation: lgS tO confine (a) Former H & S C § 27605, as added Stats 1984 ch 256 § 1; amended Stats 1986 ch 7t2 § 20. 43 § 114020 RETAIL FOOD (b) Former H & S C § 27672, as added Stats 1984 ch 256 § 1. ' (c) Former H & S C §§ 28203, 28206, as added Stats 1963 ch 610 § 2. (d) Former H & S C § 28224, as added Stats 1947 ch 766 § 1, amended Stats 1957 ch 205 § 35. (e) Former H & S C §§ 28641, 28642, 28645 28646, 28649, 28650, as added Stats 1961 ch 633 §2. (f) Former H & S C § 28648.5, as added Stats 1961 ch 633 § 2, amended Stats 4973 ch 1073 §9. (g) Former H & S C §§ 28650, 28651, 28652, as added Stats 1947 ch 394 § 1. (h) Former H & S C § 28686, as added Stats 1961 ch 633 § 2, amended Stats 1972 ch 254 § 1. (i) Former H & S C §§ 28687, 28688, as added Stats 1961 ch 633 § 2. (j) Former H & S C § 114020, as added Stats. 1995 ch 415 § 6. (k) Former H & S C § 114260, as added Stats 1995 ch 415 § 6. (/) Stats 1921 ch 701 § 3, as amended Stats 1945 ch 1237 § 2. Cross References: Hygiene standards for employees of food processing establishments: H & S C § 112035. Adoption of employee certification or training program by local governing body: H & S C § 113715. Regulation of patron toilet and handwashing facilities by local governing body: H & S C § 113715. "Commissary": H & S C § 113750. "Employee": H & S C § 113755. "Enforcement agency": H & S C § 113760. "Enforcement officer": H & S C § 113765. "Hot dog": H & S C § 113805. "Single service utensils": H & S C § 113885. Enforcement: H & S C §§ 113925 et seq. Violations by employees: H & S C § 113940. Food which may be sold unpackaged: H & S C § 114265. ConstrUction and equipment requirements: H & S C § 114275. · ~.1.[4021. Signs ' The~h~alg. yer shall post and maintain legible signs to prevent food contaminat~o-i'Orn4~luding, but not limited to, all of the following: (a) A conspicu0us'~i~n each toilet room directing attention to the need. to th0roughly,,wash-'tmnc~fter using the toilet. (b) "~.signs in fo~gr~aration, food storage, utensil ~ utensil storage areas. ~ Added Stats 1996 ch 1048 § 17 (AB 2349). .._~._114022. Investigation When information as to t-'~e possibility of disease transmission is pre- Sented to an enforcement officer, he or she shall investigate the condi- tions and take appropriate action. The enforcement officer may, after investigation and for reasonable cause, require any or all of the follow- ing.measures to be taken: (a) The immediate exclusion of any employee from the affected food facility. (b) The immediate closing of the food facility until, in the opinion of the enforcement officer, no further danger of disease outbreak exists. 44 SANITATION § 114030 Any appeal of.the closure shall be made in writing within five days to the applicable enforcement agency. ts 1957 ch 205 § 35. d Stats 1961 ch 633 (C) A medical examination of any employee, with any laboratory eXam- ination which may be indicated. Should a medical examination be Stats 1973 ch 1073 refused by an employee, the enforcement officer may require the imme- diate exclusion of the 'refusing employee from that or any other food ~ 1. facility until an acceptable medical or laboratory examination shows ars 1972 ch 254 § 1. .that the employee is not affected with a disease in a communicable form. Added Stats 1996 ch 1048 § 18 (AB 2349). ts: I~ & s c \ 114025. Storage and use of poisonous or injurious substances :ming body: H Only those insecticides, rodenticides, and other pesticides that are approved for use in a food facility may be used. ing body: H & (b) ,oisonous substances, detergents, bleaches, cleaning compounds, " and her injurious or poisonous materials shall be used and stored in specifically and plainly labeled as to contents, hazard, and use, those products held for retail sale. (c) All substances, detergents, bleaches, cleaning compounds, and all other in or poisonous materials shall be stored and used only in a manner is not likely to cause contamination or adultera- tion of food, food surfaces, utensils, or packaging materials. Added Stats 1995 ch 852 § 37 396), as H & S C § 27606. Renumbered by Stats 1996 ch 1023 § 275 (SB 1497), effective 29, 1996. Editor's Notes~Stats 1995 ch a prevail clause. The amendment of H ~ prevent food & S C § 27606 in 1995 prevailed ch 415's intended repeal of H & S C § 27606 oilowing: and enactment of substantially material as H & S C § 114025. :tention to the torage, utensil § 114030. Prevention of entrance and of animals, vermin, etc. A food facility shall at all times be so equipped, main- tained, 'and operated as to prevent the and harborage of animals, birds, and vermin, including, but not to, rodents and insects. nission is pre- ;ate the condi- Added Stats 1995 ch 415 § 6 (SB 1360). cer may, after Historical Derivation: of the follow- (a) Former H & S C § 27607, as added Stats 1984 ch 256 § 1. (b) Former H & S C §§ 28197, 28199, as added Stats 1963 ch 610 § 2. : affected food (c) Former H & S C 8§ 28543, 28592, 28642, as added Stats 1961 ch 633 § 2. (d) Former H & S C § 28622, as added Stats 1947 Ch 394 § 1. the opinion of Cross References: atbreak exists. Prohibition against live animals: H & S C § 114045. 45 ,, ~ ~ City of Bakersfield *REPRINT* WOR! .EQUEST PAGE 1 REQ/JOB: WF0018419 / 001 PROJECT: DATE PRINTED: 3~31~00 REQUEST DATE: 3/29/00 CREW: TIME PRINTED: 11:02:26 LOCATION ID: ZIP CODE: COMPLETION: 10/0 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: CARSON ORIGIN: CITY COUNCIL REFERRAL USER ID: DSULLIVAN WORK TYPE: REFERRAL DESCRIPTION: RESTAURANT WORKERS AND HEALTHCARE ISSUES REQUEST COMMENTS '***REFERRAL TO CITY ATTORNEY*** CARSON REQUESTED STAFF RESEARCH AND PROVIDE A REPORT REGARDING CITIES THAT HAVE ORDINANCES/ REGULATIONS REGARDING RESTAURANT WORKERS AND HEALTHCARE ISSUES. Job Order Description: RESTAURANT WORKERS AND HEALTHCARE ISSUES Category: CITY ATTORNEY Task: RESPONSE TO REFERRAL Assigned Department: CITY ATTORNEY START DATE / / COMPLETION DATE / / .?J '5 MEMORANDUM April 6, 2000 TO: Alan Tandy, City Manager . /~_.~ / FROM: Jack Hardisty, Development Services SUBJECT: Update on Union Avenue Motels and Baker/Street - Council Referral #WF0018421 TURNER INN - 701 Union Avenue The estimated costs of the asbestos removal and demolition of the Turner Inn along with the inspection report has been completed. A meeting is set between Randy Fidler, Dennis Fidler, Bart Thiltgen, Carl Hemandez and myself for April 7, 2000 at 8:30 a.m. to consider options for presentation to the City Council. The question was asked by Councilmember Carson if the Turner Inn had recently changed ownership. We checked with the County Records Department no change of ownership has been recorded. Although, at a recent meeting with John Sarad he stated he had taken steps to purchase the property. CHAPARRAL MOTOR INN - 333 Union Avenue The owner of the Chaparral Motor Inn has received a 7-day Notice for Building and Housing Code violations. These violations are currently in the process of being abated. The owner has also received a compliance notice from Kern County Environmental Health (see attached reports). The vacant northwest motel building which recently sustained fire damage is basically in good condition except for minimal fire damage area. This wing has been posted an unsafe and dangerous building and remains unoccupied. We have also obtained an asbestos survey for the restaurant building and are requesting bids for asbestos removal and demolition. VALLEY HI MOTEL - 908 Union Avenue The Valley Hi Motel remains boarded but has once again been tagged with graffiti. We will contact our graffiti task force to repaint as needed. DESERT STAR MOTEL - 516 S. Union Avenue The Desert Star Motel was given a 30-Day Notice in January and has abated all illegal signage, building code and property maintenance violations. The signs have been removed. BROWN APARTMENTS BUILDING - 630 Kentucky Street The Brown Apartments Building at the comer of Kentucky Street and Baker Street has had the first floor cleaned of trash and debris and is now boarded. We have received a low bid of $20-;4~9 fzr :.*'_: ~_sbestes - removal and have requested bids for demolition of the structure to be submitted b April I:II I EIVED APR - 8 1 giT'( MANAGER'S OFF~CE .E'~vIRC~NMENTAL HEALTH. ,SERVICES DEPARTMENT RESOURCE MANAGEMENT. AGENCY STE.V..E. McCALLEY, R.E.H.S., Director DAVID PRICE Ill, RMA DIRECTOR 2700 M STREET, SUITE 300 Community Development Program Department BAKERSfiELD, CA 93301-2370 Engineering & Survey Services Department Voice: (661) 662-0700 Environmental Health Services Department Faze (661) 862-8701 Planning Departme~lt TTY Relay: (800) 735.2929 Roads Department e-mall: d~(~:o./~rn.c,,-~ March 13, 2000 S F T Management 333 Union Avenue Bakersfield, CA 93307 SUBJECT: Chaparral Motor Inn - Health Permit 7770 Ladies and Gentlemen: On March 9, 2000, the annual inspection of the Chaparral Motor Inn, located at 333 Union Avenue, Bakersfield, was conducted, revealing the following violations of the Uniform Housing Code, 1997 Edition: Rooms 115, 112, 111,104, 108, 209, 210, 207, 2i6, 223,222, 230, 130, 123: No interior inspections conducted. Rooms shall meet minimum requirements of Uniform Housing Code. ~ain North Building Room 114: Nonfunctioning smoke alarm Room 113: Lights not functioning in bathroom Evidence of leaking roof in bathroom Room 103': Lack of approved heater Unclean matltess Exhaust fan in bathroom not functioning Lacking adequate floor covering in living area Room 110: Exhaust fan in bathroom not functioning Room 102: Refrigerator cord illegally spliced to extension cord Room 101: Nonfunctionmg smoke alarm Room 100: Exhaus~ fan in bathroom not functioning Second floor hallway: Evidence of leaking roof Room 201: lqonfimctioning smoke alarm S F T Management Re: Chaparral Motor Inn - Health Permit 7770 March 13, 2000 Page 2 Rooms 202 205, 206 (see General for all) Room 203: Exhaust fan in bathroom not functioning Room 212: Unsecured balcony hand railing bolts Room 214: Smoke alarm missing cover Tom bedspread Unsecured balcony hand railing metal brace - Main South Building Room 224: Evidence of leaking roof Unsecured balcony hand railing brace Exhaust fan in bathroom not functioning Mildew growth on bathroom walls and ceiling Room 225: Smoke alarm missing cover Unsecured balcony hand railing Room 218': Unsafe balcony hand railing Smoke alarm missing cover Mildew growth on bathroom ceiling Rooms 219, 227, 122, 129, 119, 126, l'lg, 116 (see In General to All Rooms) Room 229: Evidence of leaking roof Unsecured balcony hand railing Exhaust fan in bathroom not ftmctioning Room 231: Unclean ceiling Deteriorated floor covering in kitchen Deteriorated kitchen counter tile Leaking kitchen sink' drain plumbing Mildew on bathroom ceiling - Room 120: Exhaust fan in bathroom not functioning Room 125: Unclean walls Mildew on bathroom ceiling Exhaust fan in bathroom not functioning S F T Management Re: Chaparral Motor Inn - Health Permit 7770 March 13, 2000 Page 3 Northwc~ Building* · All rooms vacant and secured · Fire-damaged balcony and exterior walls · Unsafe balcony hand railing S..wimmin~t Pool · ' Empty - Closed swimming.pool permit requited. In General to All Rooms The following violation~ may be found in all rooms in the main north and main south buildings (in addition to previously noted violatiorm for specific rooms): · Heavy live cockroaCh activity; licensed pest control required · Deteriorated, unclean, ancot stained carpeting · Evidence of leaking balcony overhangs · Unclean drapery *Rooms 103, 218, and rooms in be northwest building shall be inspected and approved by the Environmental Health Services Deparmaent prior ua occupancy, 'Aa inspection will be conducted on or at=ter April 15, 2000, to verify abatement of the afore- mentioned violations. If you have any questions regarding the contents of this letter, please call me at 862-8697. Sincerely, Steve McCallcy, Director By: DaVid Alva, IL£.H.S. Environmental Health Specialist III DA:jrw (housi,.S~va~.hq~nl i,~p.vlxi) DEPARTMENT OF ENVIRONMENTAL HEALTH SERVICES Page 1 of 2700 "~ STREET, SUITE 300 BAKERSFIELD, CA 93301 (80S) 862~700 HOUSING INSPECTION RECORD LEGAL NOTICE Name of EstabXishment Address Address Type of Facility: ~otel/MoteJ Recreational Camp Bed & Breakfast Employee Housing An inspection was conducted on ~ j~'O oO The following violations of · (code(s)) -- (date) exist: ,. IMPORTANT A reinspection will be made on or after ~- ~~ O If compliance is not secured, you may be subject to a Notice to Appear in Court or issuance of a complaint from the District Attorney· A f~e for ex~en~ed servioe may be bil~ t~ ¥/~, aa prescribed by County ordinance~ to reco t e st f e forcement. ~ ~ RECEIVED BY . POSTED ON PREMISES (X) TITLE Env. Hcallh 4113 006 (Rev. 12/95) (01/19/94 - h19) APR- 7-00 FRI 10:20 OtTY PLANNING FAX NO. 805 3270646 P. 03 O MEMORANDUM April 7, 2000 TO: ALAN TANDY, CITY MANAGER FROM: ~ STANLEY C. Gl:lADY, PLANNING DIRECTOR SUBJECT: COUNCIL REFERRALS #WF0018409 (Councilmember DeMond) In regards to council referral #WF0018409, New Style of Mailboxes, this issue is still being investigated. Planning does not zone the location of mailboxes. I will have more on this when I get a staff review. SG:pah ':~':~ "';" ~">:?~ BAKERSFIELD POLICE · ,~ ~: ~' MEMO~NDUM April ~, 2000 To: Alan Tandy, City Manager Honorable Mayor Price and Council Members RECEIVED From: Eric W. Matlock, Chief of Police APR - 6 2000 Subject: State Law Regarding Cell Phones CITY MANAGER'S OFf:: · Council Date: March 29, 2000 Council Member: Pat DeMond "DeMond requested staff look into a new state law going into effect in June regarding not being able to drive and use a hand held cell phone; why warning citations are being issued and report back." Operations Division staff were assigned to research the subject and report back. Lt. Alan Zachary advises there is no law or vehicle code which prohibits the use of a cellular telephone while operating a motor vehicle. A state survey revealed that Maryland has adopted a law which prohibits the use of cellular telephones while operating motor vehicles. In addition, Lt. Zachary advises that no citations or warning citations have been issued for the use of a cellular telephone while operating a motor vehicle. To this date legislators have proposed such a law but have been unsuccessful because of aggressive cellular telephone lobbyists. EWM/BGW/vrf BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR DATE: April 5 2000 SUBJECT: COUNCIL REFERRAL WF0018411/001, WARD 2, BLOCK WALL ON 24TM STREET. "DEMOND REFERRED TO STAFF THE ISSUE OF A BLOCK WALL BLOCKING THE SOUTH SIDE OF 24TM STREET FROM ELM TO ALDER STREETS AND WHAT CALTRANS' POSITION IS ON BLOCKING THE STREET." The Traffic Engineer contacted Caltrans' office in Fresno regarding the possibility of blocking all the streets on the south side of 24th Street (State Route 178). The Caltrans traffic engineers are concerned with what effect a continuous closure along 24th Street would have on 24th Street traffic. One concern was that It could affect the intersection of 24th and Oak by introducing a higher demand for left turns at that intersection since turns into the residential neighborhood would be eliminated. The engineers said that an isolated closure, like was once proposed for Elm Street only, may not be a problem. The Caltrans engineers asked that the City send more information in the form of a sketch plan and some basic traffic volumes for the side streets. They will then formally respond with comments and requirements, if any. Public Works Traffic staff will conduct traffic volume studies for the side streets and 21st Street for Caltrans' information. Traffic staff will also study the effect such closures will have on 21st Street, such as resultant increases in traffic and traffic conflicts and accidents along 21st Street and at the intersections of Oak and F at 21st Street. A report will be produced when responses are received from Caltrans. cc: Traffic Engineering RECEIVED I ,,, APR - 6 slw: P:\DATA\VVP~000\VVF0018411.BlockWal124th.ref. wpd CITY MANAGEIR'S OFF~CE Page 1 of 1 City of Bakersfield *REPRINT* ~/ WORK REQUEST PAGE 1 REQ/JOB: WF0018411 / 001 PROJECT: DATE PRINTED: 4~03~00 REQUEST DATE: 3/29/00 CREW: TIME PRINTED: 8:21:46 SCHEDULE DATES LOCATION: START: 3~29~00 LOCATION ID: ZIP CODE: COMPLETION': 4/10/00 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: DEMOND ORIGIN: CITY COUNCIL REFERRAL USER ID: DSULLIVAN WORK TYPE: REFERRAL DESCRIPTION: BLOCK WALL ON 24TH STREET REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** DEMOND REFERRED TO STAFF THE ISSUE OF A BLOCK WALL BLOCKING THE SOUTH SIDE OF 24TH STREET FROM ELM TO ALDER STREETS AND WHAT CAL TRANS' POSITION IS ON BLOCKING THE STREET. Job Order DescriPtion: BLOCK WALL ON 24TH STREET Cat~gory: PUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / / Sent By: COB Recr-eatJ_on & Pal-ks; 6618610864; Apn-7-O0 8:03AM; Page 1/1 DAT~: April 7, 2000 TO: Alan Tandy, City Manager ~)- FROllII: Slan Ford. Recreation and Parks Director SUBJECT: Council Referral. Trees along Mulberry Drive .WF0018410 i 001 Staff member met with Mr. Rich O'Nell. representing Kern River Parkway Foundation (KRPF). pertaining to request from council member DeMond to address cottonwood trees -~,,,,,....~,,,~,, h~nk of Kern River between 24~ Street and Golden State Highway bridges. ~'~,".~Tn',~"~;;~rnateiv 10-12 female cottonwood trees would be removed and replaced with non-lint producing male cottonwoods on a three to one ratio, Advised KRPF representative Recreation and Parks memo would be forthcoming Identifying departments action plan. Following meeting, Mr. O'Neil left a message requesting additional considerations tied to project. Additional requests include: · Commitment/guarantee replacement trees will survive · Assurance existing willow trees will not be disturbed · Measures taken so as to not de-nude riverbank · Comment as to potential for installing drip irrigation system in target area Staff will prepare response to additional request. Removal of identified female cottonwood will occur before trees release lint. Estimated time frame is before May 1, 2000. s:~ps 99..200(}~oltomvood trees BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM April 5, 2000 TO: Alan Tandy, City Manager FROM: Alan Christensen, Assistant City Manager///~ SUBJECT: Referral # WF0018417 City / County Joint Meeting Agendas and Closure of Items Councilmember Maggard requested that there be more opportunities to participate in preparing the agenda for the City / County joint meetings and that staff develop a plan to bring closure to items. The following will be done in anticipation of the next meeting: 1. A meeting of the IGRC to be scheduled a month prior to the combined meeting to receive staff reports that will be forwarded to the combined meeting. 2. At the IGRC, there will be a discussion of which items should be included on the combined meeting agenda and action statements to be included along with each item. AC:rs BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM April 6, 2000 TO: Councilmember Couch FROM: John W. Stinso~tant City Manager SUBJECT: Referrals dated 3/29/00 The following are staff responses to the referrals made by you on 3/29/00. #1 Question: Additional information, including maps, regarding Shellabarger Road. Response: These items will be included in information provided to the Urban Development Committee at their next meeting regarding the Shellabarger Road issue scheduled for April 24th. #2 Question: Request for City Attorney to look into matter referred by citizen, Jerry Reynolds regarding problem with local bank. Response: The City Attorney's Office has prepared a response under separate cover regarding this issue. #3 Question: Refer to the Budget and Finance Committee a request from the Bakersfield Garden Community Enhancement Project, Inc. regarding their request for Community Development Funds. Response: This item has been referred to Budget and Finance for review. #4 Question: Request for City staffto work with the railroads to repair croSsings and to suggest a maintenance schedule. Answer: Public Works staff will contact each of the three railroads and suggest the establishment of regular maintenance schedules. They will reiterate the city's concern regarding the poor condition of railroad crossings throughout Bakersfield to the Public Utilities Commission. Councilmember Couch April 7, 2000 Page 2 #5 Question: Respond to citizen, Jack Connors, regarding red light camera program. Answer: Staff has prepared a letter to Mr. Connors, informing him of the city's efforts towards implementing a red light camera program, which is attached. #6 Question: City Attorney to respond to citizen, T. M. Burke, regarding his inability to settle an automobile damage claim. Answer: The City Attorney's Office has prepared a response under separate cover regarding this issue. #7 Question: Regarding the City's investment policy, provide response on investment policy certification and quarterly financial information. Answer: The Finance Department has prepared a response to your request. They plan to pursue certification of the investment policy after the next scheduled update in December 2000. Finance will prepare a quarterly General Fund revenue and expenditure report starting March 2000. The City Manager's Office will also provide periodic information regarding significant revenue and budgetary trends. #8 Question: Staff to review the possibility of Joint City / County Planning Commission meetings. Answer: Staff has contacted County Planning, who indicate they would need direction from the Board of Supervisors regarding a joint meeting of the City and County Planning Commissions other than as part of the 2010 General Plan update. #9 Question: Henderson Nevada Police Substation. Answer: Per our discussion, you provided this as information for staff, no further action was.required. #10 Question: Inquiry regarding the number of personnel within the Kern County Waste Management Department. Answer: Public Works has prepared a response to your question. Staff has provided information for Kern and other comparative counties. .......... SALES F/jAP OF LANDS OF KERN COUNTY LAND CO, " ....... ,o-,,~, / P.M Bk. ll6~ Pg.52 --i ' EM.~. ~, PG.65 P.M. Bk. P M. 5576 ~ PAR., .a..~ I ~t ~ ~ Par. 1 PG. 9~ ~:: .... & ..... ~,, _ ~~ ....... I I , ~"~ ' I I g I ~ PAR. I PAR. 2 ON HO. 3~1 I I March ! 5, 2000 Dear City Council We the Residents of Shellabarger Road must have ano~er sat~ way to exit and enter Shellabmger safel? Wi~ the Calloway project and the six lanes ~ey are adding, we have a ve~ dangerous intersection. Calloway is a deadly Ntersection. The speed of the traffic is getting worse by the day. We need ~e West End open ~d it should have been open immediately, when the development was st~ed~ Mr. Koch petition did not ~ve the co,ecl facts about ~e opening. Lloyd Norton sent a map, on how we would be connected to the new development. This was a~eeably with 97% of ~e Shellabarger residents. No one w~ted the Calloway project but it was forced on us! We don't w~t ot~ neighborhood ch~ged but it is changing ~d we must open up ~e West End of our s~eet. ~at's ~e le~t mount of change ~d ~e best option for ~e sge~ of the residents. We have had ~o accidents on Shellabmger, ~.both accidents ~e elec~c lines were do~. We could not get to our homes ~d others could not get out. It was hours before the emergency workers would let us ~ew, it did not ma~er what we said they would not let us ·rew, not ~va~mg or ~y other alliterative did we have. Wi~ ~e s~eet be~n closed, ~e yo~g chil&en on Shellab~ger stud at C~loway at ~s busy ~d hi~ speed Ntersection ~d wait for ~eir school bus. If we were open, ~e yotmg cNl&en would be picked up ~d ~opped off on o~ s=eet, not m~t ~ere in this d~gerous intersection. All the law egorcement officers, City, Cotm~ ~d Highway Pa~ol, have all been out on Shellab~ger ~d all a~eed that this road nee~ to be opened. They don't like to come on our s=eet because it's closed. They a~eed if it w~ opene< they would.pa~ol Shellab~ger like they do PaM ~d Brimhall. Some people do speed, knowNg ~ere is no officer beNnd ~em, ~d our speed limit is 25. If~. Koch had the map ~d all ~e real facts, ve~ few people would have signed Ns petition. ~en I had all ~e facts ~d maps, 97% of ~e residents si~ed the petition to open the West End of Shellab~ger. They were concern to know how we would be co~ected ~d a~eed we needed ~other option to enter ~d exit safely. Just like other neighborhoods legally have. Both Fire Chief s, Coun~ and Cie', hate cr~h gates they both have agreed they w~t ~em gone~ It will be ye~s before we have a =affic light Nvolved N ~e C~loway project~ Lloyd No~on ~ows of ot~ simmion ~d he says we just have to w~d The West End of Shellab~ger is best ~d quickest solution[ N the meeting ~ere w~ concern about l~ge ~cks, the He~ilustoy have livestock m~cks, they know they can not use this way, they know fl~e zoning only allows mtcks ~at ~e involved with movers. I watched fl~e meeting last night, this situation has been postponed again The news media)istfi~ did help the public with ~eir situation ~Sth the co~ ~d ~e ci~' and it did get resolve~o You did listen to what the residents wanted. The residents on Shellabarger, they ~e reallj~' tired ~d getting more ~s~ated. We can not get out of ot~ street safely We c~ not get i~noil safely either with the people going over the speed limit ~d also illeg~ly going a rotmd us~ Do the hght ~ing, open. the West End ~d do not ch~ge an~lhing else. We had enough change in our neighborhood for a lifetime. Open ~e west end of Shellabarger ~d do it Oily quickly before someone is killed. Othor~d~ Debra Coyle March 21, 2000 Honorably Major and City Council, This is how Mr. Koch petition was circulated on Shellabarger Road, with only his opinion. Some residents signed his petition because, Mr. Koch told them the road was 'going straight threw to Jewetta and to the new high school. When I explained with the map that Lloyd Norton sent, many people said they would not have signed his petition. Other residents were shown their signatures, they said that it was their signature but they didn't remember signing Mr. Koch petitiOn. When the map was shown to them, how.we would be connected, they also agreed we needed this option to enter and exit and they wanted the road opened-at the west end of Shellabarger... especially with the construction of the Calloway project. I have marked all the people who changed their mind, when all the correct facts and the maps were shown to them, on the proper way of how we would be connected to the new development. SincerelY, Debra Coyle RESIDENTS AND HOMEOWNERS PETITION "t'_;,,~ , ,.~'~ ~ ~' ~? SHELLABARGER ' -~ '~ This is a petition to open the west end of Shellabarger Road. The west end of our Street has been closed because of a petition. Everyone thought it was going straight through to Jewetta. The housing track has 5 tums before we get to Jewetta and 3 roms before we can get to Palm. The housing track is very neighborhood friendly. It is a very good option. In case an emergency arises during the Calloway' construction, or any other time, this would be the only other way out. · We have had mishaps in the Past causing our road to be closed to through traffic, where we couldn't get to the end of our street in either direction. We have waited for hours until P.G. and E. had the repairs completed. In an emergency the street will bi closed until the tire dept or other authorities feel it is safe. It does not matter to them what we say, we will not get through until they feel it's safe. When the road is tom up and repaved we will have another bption. We could go west and avoid all the construction completely. In two or more years when Shellabarger has access to a light at Slicker (formerly Art Street) and Calloway, it will be a very congested intersection. We will be sharing this with Palm and other neighborhoods. We will be forced to use this route to enter and exit Shellabarger, by the traffic light. Shellabarger Road will be a dead end street, at the east end. We will probably only have one l~tne for '~t left-hand turn, Slicker and Langley will also be adjoined at tiffs' intersection. Langley is a commercial area with many businesses, .some businesses have many vehicles and equipment, that will be entering and exiting Calloway. We could avoid this intersection completely by using the west end of Shellabarger., especially during the rash hours. By September, the Calloway Drive project will be complete.with six lanes from Rosedale Hwy to the railroad tracks. We will be living with this traffic for up to 2 years with only one way out. THINK ABOUT CALL0WAY! Have you seen the new housihg tracks being built to the north and south? Its is really growing out here in Rosedale and so is the traffic. We must have another way to enter and exit safely. Our only option will be to open the west end of Shellabarger. SHELLABARGER'RESIDENTS AND HOMEOWNERS PETITION FOR THE WEST END OPENING ~. £,,,~,~ ~ /~,,7~ ~'~' ~ .,,-,~.'Z~,fl , ..... ~ ~ - 8. ~ 20. ,~~~ 23. ~~~ ~ 24. [a~~ 29. SHELLABARGER RESIDENTS AND HOMEOWNERS PETITION FOR THE WEST EN D'OPENj.IN/G_: / -//,9 50. tx3.. 56. 58. 80. 84. 85. ,. ~, ~ ~" I0~°° \ \ 89 . /:.?.Z.! 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 .107 108 109 110 Seat By: BAKFD C~ITY CLERK; 661 323 3780; Mar-23-00 4:11PU; · Page 111 i ~ TO: DAVID COUCH FAX# 327-9417 l~g.-..----~-~. ~,.o~: c~ c~.. OF~,CE ~B A K E **S F. , E L**D Office-:~3~-3767Fax-88132:~-~80 Cai-Fed, California Federal Bank March 6, 2000 · 5554 California Avenue Bakersfield, Ca. 93309 Jerry Reynolds. Owner of Jerry's Dugout Valley Plaza Mall 2701 Ming Avenue Bakersfield, C,x 93304 Dear Sir or Madam: On this date at 10:00 A.M~ I presented a check dated 3/5/00 to the California Avenue, Bakersfield, branch of California Federal Bank. The check was for $356.01 and was payable to my store, JERRY'S DUGOUT, by a Cal-Fed customer. After confirming at my request, that funds were available, I was told by the teller that she "needed proof of my identity" from my bank, Apparently the following was not sufficient proof of who I am: 1. My California Driver's License with my picture on it 2. My business check book. 3. My business cards with my name on them. 4. My Business credit card with BOTH my personal name and business name on it 5. My car with the personalized plate "J. DUGOUT" on it 6. The fact that I have been in business for fifteen (15) years under this name with the last fourteen (14) years at the current highly visible location, VALLEY PLAZA MALL. At the teller's insistence I went to my bank, received proof of whom I am, and returned to Cal-Fed to again present the check. This time, the funds were NOT there. The Cal-Fed customer had in the intervening half-hour, come into the branch and withdrew his money. What can we conclude from this? 1. That Cai-Fed Bank by their punctilious r-eeom~or procedure over reason abetted one of their customers in his successful attempt to d~_,_;d me of $356.01. 2. That Cai-Fed Bank doesn't really care anyway, in as much as the logic-defying implementation of their procedures didn't cost them $356.01. As the manager coldly commented, "these are our regulations." 3. That, in any reasonable world if one were presented with the aforementioned six (6) items of identification, tile ONLY conclusion one would have is "yep, that's Jerry L. Reynolds wiao owns JERRY'S DUGOUT!" 4. That Cal-Fed, as a corporate entity apparently doesn't function in a reasonable worlct 5. That I will no longer accept checks from Cal-Fed and will place a sign to that effect in my store. I will also gladly relate to any customer who asks why we would adopt such a policy. Thank you for your indulgence. If you wish to reply, you should have no problem finding me. Unless, of course, you corffuse me with the other guy with my drivers license with my picture on it, carrying my business check book and canying my business cards with my name on them and my.business credit card with BOTH my personal name and the store name on it, while driving a car with J. Dugout vanity plates, and conducting business under my name at the same highly visible location for the last fourteen (14) years. Sin~rely, ~ . ~ . _ Copies to: Bakersfield Chamber of Commerce Bakersfield Better Business Bureau Office of City Councilman David Couch Office of County Supervisor Ken Peterson Office of Mayor Bob Price Office of State Assemblyman Roy Ashburn Office of State Senator Chuck Poochigian Office of U. S. Representative Bill Thomas Consumer Complaints of National Banks '"[tie GARDEN" BUSINESS OfflC[ YOUIH 2010 "0" Street ~,, .... ~ TM ' ~ ~ ' FACIlITy BakersJield, CA 9BOI 900.~'~ ~treet PHONE (661) 324-0162 Bakersfield, CA 9BOI March 8, 2000 Council Person David Couch 1501 Truxton Ave. Bakersfield, CA 93301 Dear Council Person David Couch, I was afforded the privilege of seeing first hand the complexity of issues that face the City Council as I attended the budget meeting on February 7th. The expertise and commitment required of the City Council Persons and staffthat was evidenced in this meeting is a model of civic contribution that serves our city well. I would like to reiterate my appreciation for the high level of service that we have received from the city staff in our submission ora request for Community Development Funds. As you may be aware, our project was not recommended for funding at the above referenced budget meeting. You may not be aware that several substantial changes have occurred since the submission of our project that I believe significantly strengthen our project. In addition, we have not had an opportunity to present our project. I had hoped for this opportunity at the February 7th budget meeting. On behalf of the Bakersfield Garden Community's Board of Directors, I would like to request a presentation opportunity in a forum that you would find appropriate. Once again, your efforts in building a better Bakersfield are deeply appreciated. Best Wishes, !': ~' ." i' Z ..ecutive Director (Interim) The Com£any You Ke~® New York Life Insurance Company www.newyorklife.com 5301 Office Park Drive, Suite 110 Bakersfield. CA 93309 Bus. 661 322-6774 Res. 661 393-0201 March 7, 2000 Fax 661 322-9674 jvkarr @ ft.newyorklife.com Jerry Kart Agent ~ Assemblyman Roy Ashbum 32nd District 1200 Truxtun Ave., Room 120 Bakersfield, CA 93301 Dear Roy: By the time you receive this letter, I am sure you will be elected for another term as Congressman for the 32nd District. I congratulate you and certainly have voted for you every time you have run for office. I think you do a good job and I appreciate your work in Sacramento. Roy, I have had some recent discussions with Supervisor Barbara Patrick's office as well as 4th Ward City Councilman David Couch. Our discussions have centered around the worsening conditions of the railroad crossings throughout metropolitan Bakersfield and the outlying areas of the city as well. In November 1992, I wrote a letter to the superintendent of the Santa Fe Railroad regarding the railroad crossings on Coffee Road just south of Rosedale Highway. As you know, that railroad crossing now has a new overpass. However, at the time I got in touch with the railroad people, it was shortly after Coffee Road had opened up north of Rosedale Highway, thus creating a great deal of additional traffic volume. The railroad crossing was a mess, and there was no intent to repair it with the long range plan of a grade separation and an overpass as we know it today. ~ I was advised by competent people in our city and county government that the only hope for the improvement of the Coffee Road railroad track as well as several others in the community would have to come from political assistance. I was further advised that the only entity that would have any influence on the railroad would be the PUC. With this in mind, I got in touch with Conni Brunni. She was very sympathetic to the problem and agreed that we needed to pursue this project. She also agreed that we needed to be in touch with Trice Harvey, since he was our political link on the state level. We had a meeting at his office in approximately July 1993. 'Also in attendance was City Manager, Alan Tandy, who also had a concern about the railroad crossings throughout the city. I~UFE for Financial Products & Services Registered Representative for NYLIFE Securities Inc. 7112 No. Fresno Street, Suite 300 Fresno, CA 93720 559 447-3900 New York Life Insurance Company New York Life Insurance and Annuity Corporation (A Delaware Corporation) NYLIFE Securities inc. 51 Madison Avenue. New York, NY 10010 Trice could see that this was a major concern not only to me, but to Conni and Mr. Tandy. He assured us that he Would be in touch with the PUC in Sacramento as soon as possible. Trice called Conni and had a conference call with the PUC where progress was finally realized. This call was in the latter part of 1993 because the railroad hierarchy, along with the PUC representatives, came to Bakersfield in 1994 where several railroad crossings were physically visited by all parties that had gotten involved up to this point. We actually stood at railroad crossings at several areas in the city and outlying areas. It was on into the spring of 1994 before we started to see some actual physical improvements. In fact, my records show that construction actually started in April 1994. While this is a brief review of what took place, perseverence was finally paying off ai we saw major improvements on the Coffee Road crossing as well as basic improvements in various locations. Specifically, there was work done behind the court house on the SP tracks which are better today than they were prior to that initial effort. There was work done on railroad crossings on Rosedale Highway, California Avenue, Brundage Lane and East Truxtun, to name a few. Now some six years later, we have great need for railroad crossing improvements and maintenance. I might say the maintenance needed is not just a shovel full of asphalt. Railroad crossings have wooden railroad ties that need to be removed and replaced. Also frequently prefabricated cement panels can be used such as the Coffee Road crossing. This is a very permanent solution simply because the cement does not break down like asphalt has a tendency to do when erosion is caused from weather conditions and traffic. Roy, we need evaluations on several railroad crossings throughout the community. If you want me to be more specific, please advise. Roy, I said it back in 1993 and 1994. I will say it again! We not only need immediate renovation and maintenance on our railroad crossings, but as a growing city and county;° we need to establish with the railroads that we expect substantial and regular maintenance of all railroad crossings. We can get this accomplished by pulling the railroads and the PUC together. This is the role that you play since you are on a state level. I believe that Mr. Couch and Mrs. Patrick are very willing to be a part of this effort. No doubt other supervisors and councilmen would also follow suit. Let's develop a reputation in Bakersfield to expect fair and considerate treatment of all railroad crossings. It goes without saying that the motivation behind my letter is to preserve the expensive cars that we drive today. However, in addition, let's not forget the hazards that are connected with deteriorated railroad crossings, potholes, loose and broken asphalt, protruding railroad spikes hnd splintered railroad ties that people drive over and pedestrians having to step over. Isn't there a liability factor connected with all of this? Thank you in advance for your cooperation and willingness to get involved in this worthy cause in our community. If I can be of any help, I will look forward to hearing from you or any other concerned party. I want to do my part. NEW YORK LIFE INSURANCE COMPANY cc: Barbara Patrick, Kem County Supervisor, District 3 David Couch, City Councilman, 4th Ward Robert Price, Mayor, City of Bakersfield 917 Jamaica Way Bakersfield, CA 93309 March 18, 2000 Mr. David Couch c/o City Hall 1501Truxtun Ave. Bakersfield, CA 93301 Dear Mr. Couch: During the summer of 1996 I wrote a letter to Chief Brummer about stop light cameras, but never received a reply. Lately I have noticed that more and more concerned citizens are writing the Bakersfield Californian about our stop light discipline in Bakersfield. I think it time for the city council takes up the issue of stop light cameras before we kill off each other at stop lights. urs truly, ~~ck A. Connors March 21, 2000 Mr. Alan Tandy City of Bakersfield 1501 Truxtun Bakersfield, CA 93301 Dear Sir: Because of the inability to settle my claim regarding damages to my automobile, the attached suit has been filed. Service of process will follow. T. M. Burke 9605 Salinger Bakersfield, CA 93311 CC' [ ] CERTIFIED MAIL ~ ............ ~"! ...... ~'"':'""' [ ] PERSONAL SERVICE B^KEFISFIEI_[) MUtltCIP^L COURT DISTRICT [ ] INDEXED 12 1 .~ T'RH X l t Jt'J AVE PIHE 13Al',r IlSFIl-I_l). CAI IFORtllA 93301 (661) 868-2403 SMALL CLAIMS CASE NO. -- NOTICE TO DEFENDANT -- -- AVlSO AL DEMANDADO -- YOU ARE BEING SUED BY PLAINTIFF A USTED LO ESTAN DEMANDANDO · Para proteger sue derechos, usted debs presenfame ante esta Tn p~otr, cl yo.r right~, you must appear In this court on the trial corte en la fecha del/ulcio Indlcade en el cuadro qua eparece Hate .~h,~wn i~ the table below· You may lose the case If you (lo a contlnuacl6n. SI no se presenta, puede perrier el caso. no! ~pp,':~r.' The court may award the plaintiff the amount of the corte puede decldir en favor del demendente pot la cantldad claim an(t the costs. Your wages, money, and property may be del reclamo ¥ los coerce. A usted te pueden qullar su salarlo, taken without further warning from the court, su dinero, y otra$ cosas de su propledad~ ~lrl avco adicional pot parts de este corte. Timothy Hichael Burke C:~ty o£ BaEe~sEte[d 9605 Sa[[nge~ [50~ ?~Uxbun Bakersfield, CA 933~ Bake~sf~eZd ~ CA 9330~ Fi~:t [~us, H~m~ Glint. r,Jo. Expires: ~ See attached sheet for additional plaintiff8 8~ defe~ants. PLAINTIFF'S CLAIM 1. a. ~] [.)~fenrla.l owes me the sum of $ 5,000 . not including coud costs, b~ause (de~d~ ~aimAn~ date): NegJ. ic~emt oversigh~ of street repair, August 21, 1999 b. ~'.~] I have Imf'an arbitration of an attorney-client fee dispute. (At~ach A~omey-Client Fee Dispute fo~ (see fo~ 2. [ ~ ] his claim is against a government agency, and I filed a claim wilh the agency. My claim was denied by the agent, or the a~ency did not act on my claim before the legal deadline. (See fo~ 3. a. ~ I have a~ked defendant to pay this money, but it has not been paid. b. ~--~ I have NOT asked defendant to pay this money because (explain): 4. ~ his cn,,H is the p~oper coud for lhe trial because ~ (1~ ~he box at the le~,. insed one of the/eMe~ f~ ~he #s~ %,enue rah/e" on t/~e Dack of Hfis sheeL If you select D. E, or F, speci~ additional facts in ~his space): 5.I [~'~ hn,~e ~-~ ] hm,~ nol filed more than one other small claims action an~here in California during this ~lendar yea~ which ~ ~, ~ ,~,~ ,t ,{,~,];,~ded. is more than $2,500. ~ I ~ t,nv~ ~ trove not filed more than ~2 small claims, including lhis claim, duHng Ihs previous 12 months. n. I m~,~~ hm~ ~,~ m~ :m~,n~y about this claim, bid I cannot I)~ represented by an attorney at Ihs ldal I~ lhe small claims h. I n~:;~ npp~m' nt ~he lime and place of ldal and bring all witnesses, books, receipts, and other papers or lhings to p~ve my case. c. I hm.., no Hght to appeal on my claim, but I may appeal a claim filed by lhe defendanl in this case. d. If I c.ann,)l afford to pay the fees for filing or se~ice by a sheriff, marshal, or conslable, I may ask thai lhe {ees be waived. 8 I hRv~ received ~,~d ~ead lhe in[ormalion sheet explaining some impodanl rights of plaintiffs In the small claims couP. I Hnclare ~nder pennlty of perju~ under lhe laws of the State of Calif~ lhat lhe foregoing is ~e and ~. Hatch LS, 2000 Timothy Michael Burk~ ~ ~~ IT ~'1 .~ K'~llrJl HAME) ' (~I~E ~ ORDER TO DEFENDANT Yo~ mu~t :q r~mr in thi~ crx~rt on the trial dale and at the tired LAST SHOWN IN THE BOX BELOW if ~ ~ ~t ~me ~lh plninliff's c1;~irn. []~ing all witnosses, books, receipts, and other pa~,e~s or things with ~ to suppod ~r case. DArE /~ .,~ CHECK COURT CALENDAR FOR DIVISION -'FBCti~ '/~ - DEL tF ' Filed on (~'w~e): Clerk, by , ~ly ~ ............ --- ~]e county provides small claims advisor services tree of cha~ge. Read the infolmation on ~eveme. -- [ o,m AH,,p*,,.I hy tho .::,,:i~-*~, (l:~,,~., ~ c::,i,o,::~, PLAINTIFF'S CLAIM AND ORDER TO DEFENDANT ~_ .~m~.~ Ill CONFIDENTIAL PROTECTED BY ATTORNEY/CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES April 4, 2000 RECEIVED APR - 5 2000 TO: HONORABLE MAYOR AND COUNCILMEMBERS ,, CITY MANAGER'S OF~-~. FROM: MICHAEL G. ALLFORD, Deputy City Attorneyvi/f,~/~, SUBJECT: Council Referral No. WF0018424/001 (Couch) This memorandum is in response to the referral by Councilmember David Couch relative to the attached March 6, 2000 letter of Mr. Jerry L. Reynolds to Cai-Fed, California Federal Bank. Under both federal law (primarily Title 12 of the United States Code - Operations Under the Jurisdiction of the Federal Comptroller of the Currency) and state law, local municipal agencies do not have jurisdiction to regulate the activities of Banks and Savings & Loans. It is for this reason that Banks and Savings & Loans are exempt from Bakersfleld's business license tax requirement. (The California Constitution, Article XIII, section 27, imposes a state tax on Banks. Section 23182 of the Revenue and Taxation Code declares that taxes imposed by the state on Banks is in lieu of all other taxes and licenses (including municipal business licenses).) I note that Mr. Reynolds has already copied the correspondence to the appropriate office for complaints of this nature (Consumer Complaints of National Banks). MGA:Isc Attachment cc: Alan Tandy, City Manager /'[/,~-~: Bart J. Thiltgen, City Attorney S:\COU NCIL\Referrals\Reynolds. CalFed.wpd Cai-Fed, California Federal Bank March 6, 2000 5554 California Avenue Bakersfield, C~ 93309 Jerry Reynolds Owner of Jerry's Dugout Valley Plaza Mall 2701 lVfimg Avenue Bakersfield, C& 93304 Dear Sir or Madam: On this date at 10:00 A.M. I presented a check dated 3/5/00 to the California Avenue, Bakersfield, Ca. branch of California Federal Bank. The check was for $356.01 and was payable to my store, JERRY'S DUGOUT, by a Cal-Fed customer. After confirming, at my request, that funds were available, I was told by the teller that she "needed proof of my identity" from my bank Apparently the following was not sufficient proof of who I am: 1. My California Driver's License with my picture on it. 2. My business check book · 3. My business cards with my name on them. 4. My Business credit card with BOTH my personal name and business name on it 5. My car with the personalized plate "J. DUGOUT" on it. 6. The fact that I have been in business for fifteen (15) years under this name with the last fourteen (14) years at the current highly visible location, VALLEY PLAZA MALL. At the teller's insistence I went to my bank, received proof of whom I am, and returned to Cai-Fed to again present the check This time, the funds were NOT there. The Cal-Fed customer had in the intervening half-hour, come into the branch and withdrew his money. What can we conclude from this? 1.That Cai-Fed Bank by their punctilious rcc6rd for procedure over reason abetted one of their customers in his successful attempt to defraud me of $356.01. 2. That Cai-Fed Bank doesn't really care anyway, in as much as the logic-defying implementation of their procedures didn't cost them $356.01. As the manager coldly commented, "these are our regulations." 3. That, in any reasonable world if one were presented with the aforementioned six (6) items of identification, rite ONLY conclusion one would have is "yep, that's Jerry L. Reynolds owns JERRY'S DUGOUT!" 4.That Cai-Fed, as a corporate entity apparently doesn't function in a reasonable world~ 5. That I will no longer accept checks from Cal-Fed and will place a sign to that effect in my store. I will also gladly relate to any customer who asks why we would adopt such a policy. Thank you for your indulgence. If you wish to reply, you should have no problem finding me. Unless, of course, you corrfuse me with the other guy with my drivers license with my picture on it, carrying my business check book. and carrying my business cards with my name on them and my business credit card with BOTH my personal name and the store name on it, while driving a car with J. Dugout vanity plates, and conducting business under mY name at the same highly visible location for the last fourteen (14) years. Sine,rely,. Jer~L. R,rynolds, Owner Of/JERRY'S DUGOUT Copies to: Bakersfield Chamber of Commerce Bakersfield Bener Business Bureau Office of City Councihnan David Couch Office of County Supervisor Ken Peterson Office of Mayor Bob Price 'Office of State Assemblyman Roy Ashbum Office of State Senator Chuck Poochigim~ · Office of U.S. Representative Bill Thon~ts Consumer Complaints of Natio~ml Banks BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~ DATE: April 4, 2000 SUBJECT: REPAIR OF AT GRADE RAILROAD CROSSINGS Council Referral Record #WFO018426/001 Council member Couch requested staff work with the railroads to repair crossings and suggested a maintenance schedule. Staff will contact each of the three railroads and suggest they establish a regular maintenance schedule for repair of their respective railroad crossings. In addition, staff will again reiterate the City's concern regarding poor conditions of railroad crossings throughout Bakersfield to the Public Utilities Commission. RECEIVED CITY MANAGER'S OFFiCe. G:\GROUPD^'l'XReferrals\Railroad crossin~ conditionsWF001842O.wpd ~ J~ City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018426 / 001 PROJECT: DATE PRINTED: 3~31~00 REQUEST DATE: 3/29/00 CREW: TIME PRINTED: 10:02:58 SCHEDULE DATES LOCATION: LOCATION ID: ZIP CODE: COMPLETION: /06/00 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: COUCH ORIGIN: CITY COUNCIL REFERRAL USER ID: DSULLIVAN WORK TYPE: REFERRAL DESCRIPTION: REPAIR RAILROAD CROSSINGS REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** COUCH REQUESTS THAT THE CITY WORK WITH THE RAILROADS TO REPAIR CROSSINGS AND SUGGESTED A MAINTENANCE SCHEDULE. COPY OF CORRESPONDENCE AVAILABLE AT THE CITY CLERK'S OFFICE FRONT COUNTER. Job Order Description: REPAIR RAILROAD CROSSINGS Cat~gory: PUBLIC WORKS TasK: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE The Company You Keep® New York Life Insurance Company www.newyorklife.com 5301 Office Park Drive, Suite 110 Bakersfield, CA 93309 Bus. 661 322-6774 Res. 661 393-0201 [~[a.rch 7, 2000 Fax 661 322-9674 jvkarr @ ft.newyorklife.com Jerry Karr Agent (~ Assemblyman Roy Ashbur~ 32nd District 1200 Truxtun Ave., Room 120 Bakersfield, CA 93301 Dear Roy: By the time you receive this letter, I am sure you will be elected for another term as Congressman for the 32nd District. I congratulate you and certainly have voted for you every time yon have run for office. I think you do a good job and I appreciate your work in Sacramento. Roy, I have had some recent discussions with Supervisor Barbara Patrick's office as well as 4th Ward City Councilman David Couch. Our discussions have centered around the worsening conditions of the railroad crossings throughout metropolitan Bakersfield and the outlying areas of the city as well. In November 1992, I wrote a letter to the superintendent of the Santa Fe Railroad regarding the railroad crossings on Coffee Road just south of Rosedale Highway. As you know, that railroad crossing now has a new overpass. However, at the time I got in touch with the railroad people, it was shortly after Coffee Road had opened up north of Rosedale Highway, thus creating a great deal of additional traffic volume. The railroad crossing was a mess, and there was no intent to repair it with the long range plan of a grade separation and an overpass as we know it today. ~ I was advised by competent people in our city and county government that the only hope for the improvement of the Coffee Road railroad track as .well as several others in the community would have to come from political assistance. I was further advised that the only entity that would have any influence on the railroad would be the PUC. With this in mind, I got in touch with Conni Brunni. She was very sympathetic to the problem and agreed that we needed to pursue this project. She also agreed that we needed to be in touch with Trice Harvey, since he was our political link on the state level. We had a meeting at his office in approximately July 1993. Also in attendance was City Manager, Alan Tandy, who also had a concern about the railroad crossings throughout the city. I~UFE for Financial Products & Services Registered Representative for NYLIFE Securities Inc. 7112 No. Fresno Street, Suite 300 Fresno, CA 93720 559 447-3900 New York Life ~nsurance Company New York Life Insurance and Annuity Corporation (A Delaware Corporation) NYLIFE Securities Inc.. 51 Madison Avenue, New York, NY 10010 .~. Trice could see that this was a major concern not only to me, but to Conni and Mr. Tandy. He assured us that he would be in touch with the PUC in Sacramento as soon as possible. Trice called Conni and had a conference call with the PUC where progress was finally realized. This call was in the latter part of 1993 because the railroad hierarchy, along with the PUC representatives, came to Bakersfield in 1994 where several railroad crossings were physically visited by all parties that had gotten involved up to this point. We actually stood at railroad crossings at several areas in the city and outlying areas. It was on into the spring of 1994 b'efore we started to see some actual physical improvements. In fact, my records show that construction actually started in April 1994. While this is a brief review of what took place, perseverence was finally paying off ai we saw major improvements on the Coffee Road crossing as well as basic improvements in various locations. Specifically, there was work done behind the court house on the SP tracks which are better today than they were prior to that initial effort. There was work done on railroad' crossings on Rosedale Highway, California Avenue, Brundage Lane and East Truxtun, to name a few. Now some six years later, we have great need for railroad crossing improvements and maintenance. I might say the maintenance needed is not just a shovel full of asphalt. Railroad crossings have wooden railroad ties that need to be removed and replaced. Also frequently prefabricated cement panels can be used such as the Coffee Road crossing. This is a very permanent solution simply because the cement does not break down like asphalt has a tendency to do when erosion is caused from weather conditions and traffic. Roy, we need evaluations on several railroad crossings throughout the community. If you want me to be more specific, please advise. Roy, I said it back in 1993 and 1994. I will say it again! We not only need immediate renovation and maintenance on our railroad crossings, but as a growing city and county,' we need to establish with the railroads that we expect substantial and regular maintenance of all railroad crossings. We can get this accomplished by pulling the railroads and the PUC together. This is the role that you play since you are on a state level. I believe that Mr. Couch and Mrs. Patrick are very willing to be a part of this effort. No doubt other supervisors and councilmen would also follow suit. Let's develop a reputation in Bakersfield to expect fair and considerate treatment of all railroad crossings. It goes without saying that the motivation behind my letter is to preserve the expensive cars that we drive today. However, in addition, let's not forget the hazards that are connected with deteriorated railroad crossings, potholes, loose and broken asphalt, protruding railroad spikes hnd splintered railroad ties that people drive over and pedestrians having to step over. Isn't there a liability factor connected with all of this? Thank you in advance for your cooperation and willingness to get involved in this worthy cause in our community. If I can be of any help, I will look forward to hearing from you or any other concerned party. I want to do my part. Y, INSURANCE COMPANY cc: Barbara Patrick, Kern County Supervisor, District 3 David Couch, City Councilman, 4th Ward Robert Price, Mayor, City of Bakersfield October 1, 1993 Public Utilities Commission Traffic Engineering Section 505 Van Ness Avenue San Francisco, CA 94102 Attn: Mr. Art Aldridge, Senior Transportation Engineer RE: DISREPAIR OF RAILROAD GRADE CROSSINGS, FENCES AND UPKEEP OF RAILROAD PROPERTY Dear Mr. Aldridge: On July 12, 1993, we sent a letter to the Southern Pacific Railroad Company expressing our concerns about a hazardoUs condition at a local railroadat-grade crossing. Your office was sent a copy of the letter for possible assistance from the PUC. To date, Southern Pacific has not responded to our concerns. This letter to the Railroad was in addition to numerous telephone conversations and letters in recent years regarding the disrepair of many railroad crossings on city streets. Although the original complaint only addressed California Avenue at the Southern Pacific Railroad because of the deplorable condition of the crossing, the following at grade railroad crossings are also in various stages of disrepair: #BT 315.2' Brundage Lane between Clyde Street and Lakeview Avenue #BT 315.1 Lakeview Avenue between Brundage Lane and Wilkens Street #2-885.4 Sumner Street ~ Miller Street #B 312.9 Baker street between Sum. ner Street and Jackson Street #BT 315.5 South Chester Avenue between Sandra Drive and Dorian Drive #BT 318.9 Hughes Lane between Pacheco Road and White Lane #2-885.6 Gage Street @ East 21st Street The problems of railroad facility disrepair are not just limited to grade crossings. We currently have a condition which involves a fence owned and maintained by the Atchison, Topeka & Santa Fe Railroad which has been damaged in several places by vehicular accidents. The fence is located north of California Avenue between Oak Street and "^" Street. These damaged areas have been in existence for several years with no apparent. plan for repair. We have also received many citizen complaints concerning the general upkeep of railroad property. It is our understanding that your staff has been looking into the original concerns we expressed in our July 21, 1993 letter. We are appreciative of your assistance and look forward to a timely resolution to the problems outlined in this letter. Thank you for your prompt action regarding our concerns. Please 'do not hesitate to contact the City Public Works Department at 326-3724 should you have any questions or require additional information.. Very truly yours, Alan Tandy, City Manager cc Councilmembers Ed Schulz, Public Works Director March 19, 1996 Public Utilities Commission Traffic Engineering Section 505 Van Ness Avenue San Francisco, CA 94102 Attn: Mr. Art Aldridge, Senior Transportation Engineer RE: CONTINUED DISREPAIR OF RAILROAD GRADE CROSSINGS Dear Mr. Aldridge: On October 1, 1993, we drafter a letter to you requesting assistance in rectifying problems with at-grade railroad crossings. To date we have not received a response to our letter and the crossings identified in our previous letter remain in an extreme state of disrepair. We are once again asking your assistance in solving this problem. At the very least we request a response from you and the responsible railroad companies as to when these crossings Will be repaired. To reiterate, the crossing locations are as follows: #BY 314.15 East California Avenue between Williams Street and Washington Street #BT 315.2 Brundage Lane between Clyde Street and Lakeview Avenue #BT 315.1 Lakeview Avenue between Brundage Lane and Wilkens Street #2-885.4 Sumner Street @ Miller Street #B 312.9 Baker Street between Sumner Street and Jackson Street #BT 315.5 South Chester Avenue between.Sandra Drive and Dorian Drive #BT318.9 Hughes Lane between Pacheco Road and White Lane #2-885.6 Gage Street @ East 21st Street If some of these locations are in the process of being improved, please let me know the status of their progress and the estimated time the work will be complete. Thank you for your prompt action regarding our concerns. Please do not hesitate to contact me at (805) 326-3574 should you have any questions or require additional information. Very truly yours, Raul M. Rojas, Public Works Director by: Jacques R. LaRochelle, Design Engineer cc Honorable Mayor and City Council Alan Tandy, City Manager Gove_~rn._or Pete Wil.~n State Legislators BAKERSFIELD Alan Tandy · City Manager April 7, 2000 Mr. Jack A Connors 917 Jamaica Way Bakersfield, CA 93309 Dear Mr. Connors: I am responding to your letter regarding red light cameras on behalf of Councilmember David Couch. You will be pleased to know that the City is currently working on a program to implement red light camera enforcement. A workshop was conducted by the Police Department for the City Council on March 15th regarding a proposed program. It is anticipated that the program will be implemented within the next fiscal year as issues of funding, equipment and installation are resolved. We appreciate your interest in this matter which concerns the safety of our citizens. If you have any further questions please · contact me at 326-3751. Sincerely, John W. Stinson Assistant City Manager cc. Alan Tandy, City Manager Councilmember David Couch City of Bakersfield ° City Manager's Office ° 1501 Truxtun Avenue Bakersfield · California ° 93301 (661) 326-3751 · Fax (661) 852-2050  CONFIDENTIAL - PROTECTED M E M O R A N D U M BY ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGES April 3, 2000 TO: DAVID COUCH, Council member, Ward 4 FROM: BART J. THILTGEN, City Attorney ~ SUBJECT: Council Referral WF00184281001 T.M. Burke Letter A copy of a letter addressed to City Manager Alan Tandy sent to Council member Couch, along with a copy of a small claims action, was forwarded to this office for comment. This matter arose out of damage allegedly incurred to Mr. Burke's automobile while passing through a street construction project. Upon receipt of the original claim, the matter was tendered to St. Paul Fire and Marine Insurance Company, the insurance company representing Griffith Company, the contractor on the project. The insurance company accepted the tender without asserting a reservation of rights (copy of acceptance of tender enclosed) and initiated discussion with Mr. Burke regarding settlement of his claim. Evidently, the negotiations have not resulted in a settlement, and Mr. Burke has filed the small claims lawsuit. St. Paul has agreed to fully defend an.d indemnify the City of Bakersfield in this matter and will be handling the case in its entirety. This office will monitor the matter as it proceeds. BJT:laa Enclosure cc: Honorable Mayor and City Council Alan Tandy, City Manager Scott Manzer, Risk Manager RECEIVED S:~COUNCIL\Roforrals\T.M.Burke letter - WF0018427.wpd j ' ~ ~AN~,GER S AIMS lrtsuraace .~.nit -:: Heard P.O. Aox 227 · Ba,~r$~al~, CA 9330_'i $~nt ,.'ia facsimile: 661 .~.-~6..~ & U.S. Mail Re: Claim Number: KK0830074t-04L020/21/22 O~ Insured: GrifE~h Company Ctaimmqt: L~== ~urKe, Shero' Whitaker, Brace Vaught Y/Claim Nmber: BK58,31g-AH Loc. of Loss: Old River Road ~d White Lmne. in the City of B~ersfield x:,..<.¢,. :., Loss Date: 8/21/99, 8/16/99, 8!18/99 .,.. c~:::~:::? Dear Ms. Hem-d: $:. l'aal .M:-,~ · ~, .~.: t:.,,~,~: .... TMs notice wiq acknowledge receipt ofyou~ lender p~su~t to ~e te~s and r;, ,:. ,,.~:, conditions of the contact be~veen ~iffith and the City of B~Crsfield. ,,~,,,.,~.;, Be advised, that The St. Paul Complies will a~re¢ to ~l!y defend and indemni~- the :~: ::...~....,, City' of Bakersfield in reference to the three referenced c!~Lms. We ~s~ll not be t,.==::..,, c,,,,, ..... asseninu any rese~'ntion of ri~hts. c,.:~;.., :~ ~aPZ< you for vow attention in this maxer. In the -~ · you have any questions feel I,,,,.:.,:,,. c,,,.,.~,,. !re¢ to coaract me. ~ ~':'~:~' ....... "' Sincereiy, ~,'-,.~-.~ ~[ c:,,..,. .... The St. Paul Companies :"¢-': .....................(71¢' 572 7235 ~:..: ,..., :~.:.::.:y. ) ALAN TANDY, ClTY MANAGER MEMORANDUM TO: Alan Tandy, City Manager FROM: G rego ry J. Klimko, Finance Di re ctor~/~,''-- DATE: April 6, 2000 SUBJECT: REFERRAL BY COUNCILMEMBER COUCH - Investment Policy Certification and Quarterly Financial Information. We plan to pursue certification of the City's Investment Policy after it's next scheduled update in December 2000. Please see the attached memo from the City Treasurer for additional details. I talked to Councilmember Couch to clarify the quarterly financial information he has requested. His primary focus is discretionary or unanticipated revenue the City receives. These revenues would normally be realized in the General Fund. My office will prepare a Quarterly General Fund Revenue and Expenditure Report, starting with March 2000. Attachment RECEIVED April 6, 2000 (10:43am) S:\Darrin\Gregory\Blank - Tandy - InvstPolCert&QtrlyReporting.wpd , ,, ,, , CITY MANAGEFI'S OFFICE MEMORANDUM TO: Gregory J. Klimko, Finance Director FROM: William C. Descary, City Treasurer DATE: April 5, 2000 SUBJECT: INVESTMENT POLICY CERTIFICATION You asked me to respond to the portion of a referral from Councilmember Couch concerning investment policy certification. The Municipal Treasurer's Association United States & Canada (MTA US & C) administers an Investment Policy Certification Program. Entities may request the Investment Policy Certification Committee to review their policy to determine if it meets the standards set forth by the Association in a model Investment Policy. Program Procedures: 1. Submit five copies of the following: * Application Form * Investment Policy * Glossary * State statutes listing authorized investments. 2. Program fee $175.00 3. Submitted documentation is forwarded to three reviewers who will evaluate the policy and make a recommendation as to certification. Two of the three reviewers must vote in favor of certification in order for the entity to receive MTA US & C's Investment Policy Certification. 4. Successful applicants receive recognition and a plaque at MTA US & C's annual conference in August. Conferences are held in different cities throughout the United States and Canada. S:\Darrin\Bill\Memo - InvPolicyCertification.wpd Page 2 Memo - Investment Policy Certification April 5, 2000 In order to pursue certification, the City's Investment Policy will have to be rewritten to fit the language in the MTA US & C model policy. The Association encourages entities to include a glossary (terms/definitions) as part of their investment policy. The City's current Investment Policy does not include a glossary. Investment reporting format and frequency would have to change to comply with reporting criteria outlined in the model Investment Policy. These changes need to be reviewed for consistency with the City's established investment goals. Since the changes will take some time to accomplish, I recommend they be included for consideration in the next review of Investment Policy scheduled for December 2000. S:\Darrin\Bill\Memo - lnvPolicyCenification.wpd APR- 7-00 FR[ 10:20 OITY PLANNING FAX NO. 805 3270646 P, 02 MEMORANDUM April 7, 2000 TO: ALAN TANDY, CI'FY MANAGER FROM: ~-~.--- STANLEY C. GRADY, PLANNING DIRECTOR SUBJECT: COUNCIL REFERRALS #WF0018429 (Councilman Couch) Concerning council referral #WF0018429, Joint Planning Commission Meetings, I have contacted Ted James at Kem County Planning. In the past, we have discussed joint meetings for hearings on the 2010 update. Regarding meetings on issues other than the 2010 update, he would need direction from the Board of Supervisors. SG:pah RECEiVE---~--~  APR- 5 L~]O0 B A K E R S F I E L D ,21TYMANAGER'SOFI:;,-~., PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager FROM: Raul Rojas, Public Works Director ~ DATE: March 31, 2000 SUBJECT: KERN COUNTY WASTE MANAGEMENT DEPARTMENT STAFFING REPORT - PER COUNClLMEMBER COUCH'S INQUIRY In response to Councilmember Couch's inquiry to staff regarding the number of personnel within the Kern County Waste Management Department (KCWMD), staff has obtained information from a recently-published Operational Study. The Operational Study was performed by a well-recognized solid waste consultant, Hilton Farnkopf and Hopson, LLC. Due to differences in basic functions of solid waste operations in the City and County, a comparison of personnel numbers between agencies (46 City vs. 96 County) would have little meaning. This is because, while the City conducts waste collection and processing, the County is involved chiefly in landfill operations. Moreover, the City provides greenwaste processing for not only its own material, but the County as well. In order to provide some reference between the County's operation and other similar ones, a table from the study is attached. This table compares similar landfill operations among three counties. However, even within this common group, variations in staff structure occur, making comparison difficult. KB:stop Attachment SMP G:\GROUPDAT~SOLIDWASTE~COUCH_KCWMD STAFFING RPT.wpd March 31, 2000 Figure 3.2 STAFFING BY DIVISION (Full-Time-Equivalent Staff) 43.9 40.0- 35.0- 30.0- 20.0- 14.7 15.0- 9.2 10.0- __4.3 5.0- 2.4 2.7 0.0 , , , , , , C, en. Mgmt/Other Op~mliom ~ & Const. Tech ~ Clc~u~ Leg. Affai~/Pulic Bus. $el~ic~s Division L~ Figure 3.3 STAFFING BY MAJOR FUNCTION (Fuil-Time Equivalent Star0 30.0- 'l 2~.o-d 20.0- ,~ 15.0- ~. ~ 9.2 10.0- 'i ! 6.1 6.2 6.2 , 4.6 4.3 4.2 , ..o o.,j.°.'o~lll1_ ,.o o.o "" '"' ~jor F~on ~PR- 7-00 FRI 10:20 OITY PLANNING FR× NO, 805 8270646 P, 04 MEMORANDUM April 7, 2000 TO: ALAN TANDY, CITY MANAGER FROM: ~ STANLEY C. GRADY, PLANNING DIRECTOR SUBJECT: COUNCIL REFE'.RRAL #WF0018416 (Councilman Saivaggio) In regards to council referral #WFO018416, 2700 White Lane Motel Project, no building permits have been applied for. The applicant has not indicated when or if building will commence. Site Plan approval is good for two years. SG:pah cc: Trudy Slater, Administrative Analyst BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM April 7, 2000 TO: Alan Tandy, City Manager FROM: Alan Christensen, Assistant City Manager~/ SUBJECT: City Council Referral#WF0018414/001 Gary Littles' Request for Trash Fee Waiver Council member Salvaggio asked staff to respond to Gary Little's request for a waiver of trash and sewer fees for 503, 505, and 507 "M" Street. Public Works has agreed to waive the fees associated with the properties. Now we are working with the County to take them off the tax bill. The County had previously asked Mr. Littles to pay the fees first and have the City refund the charges. At the time of this memo that issue has not yet been resolved. Once resolution of the issue is completed with the County, a letter of explanation will be provided to Mr. Littles. cc Raul Rojas, Public Works Director  CONFIDENTIAL - PROTECTED M E M O R A N I:) U M BY ATTORNEY/CLIENT AND ATTORNEY WORK PRODUCT _ PRIVILEGES April 3, 2000 ,A,/,~'~ TO: HONORABLE MAYOR AND CITY COUNCILME FROM' ALAN D. DANIEL, Deputy City Attorney SUBJECT: ' COUNCIL REFERRAL NO. WF0018415/001 IDLING TRAINS AT PACHECO ROAD In response to the Council referral from Councilmember Salvaggio, the City of Bakersfield has retained AIMS to investigate the noise issue. AIMS will gather information concerning the decibel level of the idling trains as well as the locations and times that the trains idle on the tracks near the residential neighborhoods. Thereafter, we will bring the information back to the City Council for a decision on continuing to the Public Utilities Commission against the railroads. Please call if you have any questions. - ADD:dlr cc: Alan Tandy, City Manager Bart J. Thiltgen, City Attorney Jack La Rochelle, Engineering Services Manager Lori Aguilar, Administrative Assistant S:\COUNClL\Referrals\RRMmo4.wpd RECEIVED APR CITY MANAGER'S OFFICE ALAN TANDY, CITY MANAGER